Posts Tagged ‘employee termination’
PROVING WORKPLACE DISCRIMINATION IS NOW MORE DIFFICULT IN CALIFORNIA
State Supreme Court Issues an Employer-Favorable Decision in a “Mixed Motive” Case In February, 2013, the California Supreme Court decided that even where illegal discrimination (e.g., racial, gender, age, religion) was one of a number of motivating factors in terminating a worker, the employer will not be liable for damages if it can show the […]
TERMINATION, MISCONDUCT AND UNEMPLOYMENT BENEFITS
Refusal to Sign a Disciplinary Memo Disqualifies a California Worker In California, an employee terminated for “misconduct” is disqualified from receiving unemployment benefits. In Paratransit Inc. v. Unemployment Insurance Appeals Board (Medeiros) (May 31, 2012), the Court of Appeal found an employee’s declining to sign a “receipt” line at the bottom of a disciplinary notice […]
PROGRESSIVE DISCIPLINE IN THE WORKPLACE
Nice Idea, But Don’t Promise The wisdom of implementing a progressive discipline policy – imposing ever greater consequences upon an employee’s repeated misconduct – would seem a personnel management no-brainer. After all, it’s only fair to give an errant but largely productive employee a second or third chance. It would also be poor judgment for […]
EMPLOYEE THEFT PREVENTION AND HANDLING
Proceed with Good Judgment The best handling for workplace theft is to prevent it in the first place. Suspected or alleged employee thievery – and an employer’s twin obligations to protect the group against an actual thief and to protect the accused from false charges — is a delicate challenge. A company’s much more straightforward […]
COMMISSIONS FOR TERMINATED EMPLOYEES
Clearly Written Agreements are the “Ounce” of Prevention Commissions payable to former employees present a special set of issues for California business. The importance of actions to prevent disputes increases over 2012 as the state will require all employee commission agreements to be in writing by December 31. See, “Employee Commissions” California requires that all […]
WORKPLACE MIAS
Termination for Absence or Lateness As “at-will” status permits either the employer or the employee to freely end the relationship even with no advance notice and for no reason at all, obviously a business can legitimately terminate an “at-will” worker for not showing up or for being late. However, there are some practical considerations. Normally, […]
CONSTRUCTIVE DISCHARGE
When Employers May be Liable for “Causing” a Resignation As an employer, you might assume the company is immune from any wrongful termination claim if an employee quits on his or her own accord. However, a worker may still prove a business is responsible for wrongful “constructive discharge” even when he or she has deliberately […]
NEW COSTUMES LEAD TO FIRING OF NJ CASINO SERVERS
When Katharyn Felicia was told that she and other cocktail waitresses at Resorts Casino Hotel were to pose for photos in skimpy new flapper costumes, she thought it was to evaluate the sexy black outfits to make sure they fit and looked right. What the women didn’t know, she said, was that the photo shoot […]
OH NO YOU DIDN’T!
Wrongful Termination of At-Will Employees Theory is one thing, practice another. In theory, “at-will” employment means neither employer nor employee are obligated to continue the relationship for any period of time. Either may terminate for any reason or for no reason at all, with or without advance notice. In practice, some company executives and personnel […]
TO FIRE OR NOT TO FIRE
Employee Termination the Right Way Terminating an employee is never high on a manager’s fun list. No doubt, it can be a delicate task. Firing an employee the wrong way can lead to a nightmare of expensive accusation and counter-accusation, destroying workplace production and executive morale. Prevention is key. Two recent articles cover the topic […]