In 2013, Wisconsin’s unemployment compensation law was amended, creating a two-tiered system for determining when an employee is disqualified from receiving benefits. The first tier, disqualifying an employee terminated for misconduct, has been the standard for more than 75 years. The second tier, which became effective January 5, 2014, disqualifies an employee terminated for “substantial […]
Severance benefits are payments made to employees upon termination of employment caused by events that are beyond their control, such as workforce reductions, plant closings, company takeovers, and mergers. Severance benefits are sometimes offered to encourage early retirement or voluntary resignation, or to discourage terminated employees from suing an employer.
We tend to take some things for granted. Well, actually, a lot of things. Here’s one: the presumption of at-will status in Texas. Yes, all employees are presumed to be employed at will, but don’t forget that a presumption is rebuttable. The court of appeals in Dallas recently provided a reminder.
The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]
The 6th Circuit Court—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard an employee’s Family and Medical Leave Act (FMLA) “interference” claim. The employee allegedly threatened a supervisor who issued him a disciplinary write-up over an absence he thought was covered by the FMLA. Did the alleged misconduct halt the FMLA process?
In part one of this article, I addressed the benefits of offering paid vacation to your employees. While offering vacation isn’t required under federal law—once an employer has made the decision to offer vacation time—local state laws and court decisions can come into play. State laws addressing vacation typically fall into three categories—those that prohibit […]
Do you ever find it interesting that some of the most tangled topics of HR administration primarily concern the hours when your employees aren’t at work? When employees are in the workplace, we have a pretty good idea of what they should and shouldn’t be doing and how to reasonably regulate their work-related behavior. But […]
You fire an employee for poor performance. He says the termination was in retaliation for filing a race discrimination claim against the company. Will you have the employment documentation to back up your decision and avoid a costly lawsuit?
A California police officer was being evaluated for not properly investigating a sexual abuse incident. The police department decided to proceed with discipline by recommending that the officer be terminated from the department. After the internal investigation was completed and the notice of intent to impose discipline was sent, the officer’s lawyer tried to extend […]
Question: If there is an agreement in place that an employee must meet certain criteria before receiving their commission payout, and they don’t meet the criteria by the deadline, can you forfeit paying the commission? For example, the invoice/job order the employee submits has to be turned in by X amount of days otherwise the […]