Employees who fear they’re facing disciplinary action may quit. Then they argue that they would have been fired and quit preemptively, so they’re eligible for unemployment compensation. But if the employer can show there really was no good reason for the employee to think her job was in danger, then the employee can’t receive unemployment.
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The U.S. District Court for Western Pennsylvania has ordered Kevin T. Weir, chief executive officer of Liberty-Pittsburgh Inc., to repay $67,138 to his employee’s 401(k) plan. The settlement resulted from an investigation by the U.S. Department of Labor’s EBSA.
In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.
Resourceful defense attorneys have tried a few legal tactics to help employers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.
When an employee files for bankruptcy, he’s supposed to list any claim he has against an employer as an asset—for example, a lawsuit that requests monetary damages. But what happens if the employer files for bankruptcy? Does the employer have to list any claim against it as a liability?