Tag: termination

commission

6th Circuit Court’s Decision Provides Guidance on Draw-on-Commission Policies

In a recent decision, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—held that an employer’s week-to-week, commission-only pay system was generally valid. However, it was illegal for the company’s policy to state that employees had to repay immediately upon termination draws that had been given during employment.

Can They Do That? Firing Employees for Off-Duty Conduct

by T. Harold Pinkley Participating in last year’s Unite the Right rally in Charlottesville, Virginia—an event that involved several groups usually identified as the “alt-right,” along with groups protesting the marchers—has proven to have unforeseen and unintended consequences, including job loss, for some of the people involved. This article examines how you can or should […]

Dismissals for incompetence: Are we moving backward or forward?

by Rhéaume Perreault and Michael Adams It appears that employers in Quebec who wish to dismiss employees for incompetence may now need to accomplish an additional step before doing so. Indeed, the Superior Court of Quebec, in Commission scolaire Kativik v. Ménard, 2017 QCCS 4686, recently confirmed an arbitration decision in which an additional criterion […]

FMLA

Employer Makes ‘Lemonade’ Out of Employee’s FMLA Lawsuit

To be candid, I wasn’t sure who Beyoncé is. While I know a lot about employment law, I often come up short on popular culture. So it’s fortuitous that an employee in Ft. Worth, Texas was fired for attending a Beyoncé concert while she was on Family and Medical Leave Act (FMLA) leave. In addition […]