Tag: termination

Walking the line between termination and resignation

by Hannah Roskey For Canadian employers, navigating the distinction between resignation and termination can be tricky. If an employee resigns, there is no entitlement to severance. If an employee is terminated without cause, the employer is on the hook for termination pay (and possibly severance pay in Ontario and the federal jurisdiction). The recent Alberta […]

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Double dipping: Can employees get severance plus pension or disability benefits upon termination?

by Julie Robinson Employees in Canada are usually entitled to receive reasonable notice of termination or pay in lieu of notice unless fired for cause. But if the employees receive pension or sick leave payments during the notice period, are they entitled to both their regular salary in lieu of notice and such pension or […]

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Diversity and inclusion director gets a little inclusion

by Michelle Lee Flores The California Court of Appeal threw a solitary bone to Toyota’s director of diversity and inclusion when it reversed a trial court’s dismissal of his sexual orientation discrimination claim. The court of appeal held that the former employee had provided sufficient evidence that a senior manager’s perception that he was “too […]

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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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Be careful what you say: Employee’s name-calling lands him in hot water

by Franck G. Wobst An Ohio Court of Appeals recently ruled that a city’s civil service commission acted within its rights when it suspended a city employee for 45 days for jokingly calling an African-American coworker “Black Buck” and “Big Black Buck.” Facts James Hoover worked at the city of Elyria’s water pumping plant as […]

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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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