Tag: termination

wage

Oh Joy! Guest Worker Case Answers Tricky Wage and Hour Questions

A recent decision from a California Court of Appeal addressed the issue of whether a worker without a work permit was entitled to minimum wage and overtime protections under federal and state law. Further, the court examined the novel issue of whether lodging and meals provided to an employee may be used to satisfy the […]

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terminated

Theft was Gross Misconduct, but Inconsistencies May Make COBRA Ineligibility Less Clear

When an employee is terminated due to “gross misconduct,” the termination is not considered a qualifying event, and an employer does not have to offer Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to the ex-employee (or his or her covered spouse or dependents). Neither the statute, legislative history, nor regulations specifically define the term “gross […]

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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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