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In some cases, an employee can collect unemployment after being fired. However, unemployment benefits are not available in all cases and sometimes being fired renders an employee ineligible for benefits. Individual state eligibility guidelines determine when an employee can receive unemployment and these guidelines may differ slightly from one jurisdiction to the next.
→ Read MoreThe basic concept of wrongful termination in violation of public policy is that employers cannot terminate an otherwise at-will employee if the termination would violate the public policy.
→ Read MoreYou can get fired while out sick but you cannot be terminated because of medical leave or because of the underlying disability. An employee may be terminated for any reason that is not illegal, at any time, without notice.
→ Read MoreAlcoholism is the single largest and most economically destructive addiction in America as an estimated seventeen million Americans struggle with some phase of alcohol addiction at a cost to industry of $186[1] billion each year. Federal and state law govern at what point an employer may terminate an alcoholic employee, and any employer faced with the negative affects of alcohol in the workplace should consult an experienced attorney before taking any action.
→ Read MoreA merchant seaman was awarded $25 million in a wrongful termination lawsuit – the facts of which are as bizarre as they come.
→ Read MoreWrongful termination may occur in circumstances where an employer does not follow its own policy and procedures for dismissing an employee. This is otherwise known as an employer breaching an implied contract between the employer and employee. An implied contract is a contract in which the terms have not been specifically agreed upon between the employer and employee.
→ Read MoreMost states recognize constructive termination of employment and treat it similarly to an actual firing. For example, if the employer reduces your wages from $12 per hour to $6 per hour, switches your day hours to the moonlight shifts, and changes your position from secretary to a janitor or vice versa, that would clearly be a constructive termination.
→ Read MoreEmployer or employee can end the employment relationship at any time, for any reason. An employer can decide for itself who to hire or employ. So an employer can elect to fire more highly compensated staff and replace them with less highly compensated workers. It’s legal, and unfortunately, it’s, often good business.
→ Read MoreMost states do NOT require payout of unused vacation on termination of employment as a matter of law. Rather, unused vacation is only paid out…
→ Read MoreYou may have to repay the expenses of the move if you signed a relocation contract with your employer which requires repayment if certain conditions…
→ Read MoreFind the right lawyer for your legal issue.
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