Tag: termination

Wisconsin

Wisconsin Supreme Court Interprets ‘Substantial Fault’ Regarding Unemployment Benefits

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 […]

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leave

Severance Pay Basics and Policy Considerations

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.

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Ohio

Can Waste Management Employee Prove Disability Discrimination Claim?

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 […]

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Kentucky

Does Auto Parts Worker Still Have an FMLA Claim After Threatening Supervisor?

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?

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pay out

Permanent Vacation: ‘Use It or Lose It’ Policies and Payout of Vacation at Termination

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 […]

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vacation

Vacation Rules! (All Work and No Play Makes Workers Leave Your Employ)

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 […]

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recruiting

Ironclad Employment Documentation: A Q&A with Susan Fentin

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? 

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retirement

Is Disability Retirement ‘Honorable’ if Retiring Police Officer is Facing Termination?

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 […]

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Ask the Expert: Can We Forfeit Commission Payout If Employee Doesn’t Meet Criteria?

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 […]

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