Employers Should Curb Workplace Verbal Battles An employer is not only liable for actually terminating a worker on the basis of race, gender, national origin and other protected classifications. A worker may also have a claim if the employer “unlawfully constructively discharged” that person (also known as “unlawful (or wrongful or illegal) constructive termination” or […]
Employer Precautions There is very little more precious to an individual than his or her employment. For management and personnel directors facing poor economic times, there is probably very little more difficult than ending a productive worker’s relationship when the company simply can no longer afford to carry that position. Handling that final meeting with […]
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 […]
California’s Labor Codes do a lot to protect employees but there are some laws that benefit employers as well. For instance, unless a company and an employee agree otherwise, their relationship is presumed to be “at-will.” As defined, this means there is no promise or obligation of continuing employment. Either the employer or employee may […]
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 […]
Fired over Facebook Post – Labor Board Intervenes The National Labor Relations Board has stepped in to defend a worker terminated over disparaging remarks she posted on Facebook about her supervisor. The NLRB asserts that employer American Medical Response’s firing decision — as well as its policies prohibiting employees from writing about the company on […]
Is There a Wrong or Right Way to Complain? Kevin Kasten says he complained to his employer Saint-Gobain Performance Plastics Corporation about an improper location of the company time clock and that the company illegally retaliated against him as a result. Saint-Gobain says it could not have retaliated against Kasten as his protest was only […]