Some employees try to fabricate a lawsuit by resigning and then alleging that some form of discrimination made their working conditions so intolerable that they had no choice but to quit. The name of this claim: constructive discharge. Fortunately for employers, it takes more than a few isolated comments to create intolerable conditions. And, as the following case shows, the fear that working conditions will become intolerable isn’t enough to justify quitting before things get bad at work.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
The Texas Supreme Court has ruled that an arbitration agreement presented as a condition of employment is valid even though it was initially drafted by an HR management company that no longer manages personnel matters. The court looked carefully at the arbitration agreement and concluded it was a binding contract—partly because it contained a clause that allowed the employer to end the agreement prospectively only.
Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.
Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.
Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.
Q. We recently received a court order to garnish the wages of an employee who has failed to repay a student loan. I thought that the garnishment of an employee’s wages in Texas was prohibited by law. Is that no longer true?
When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well ...
Although the New Jersey Law Against Discrimination (LAD) primarily has been applied to sexual harassment claims involving employers and employees, a new decision by a New Jersey appellate court recognizes that the LAD can also apply to a refusal to engage in business transactions if it is based upon the refusal to comply with requests for sex.
Generally, public employees are entitled to a hearing before they are terminated. But in some government functions, employees who work at senior levels are deemed to be serving at the pleasure of the head of their agency or unit.
Listen up! Breaking news! It doesn’t really matter whom you label as a supervisor any more. As a way to hold a company liable for sexually harassing conduct by a “supervisor,” one court recently relabeled a co-worker as a “supervisor,” even though this person had absolutely no power to hire, fire, promote, demote or otherwise affect the harassed employee’s job status. The court, with the support of the EEOC, ruled that just being the “highest ranking employee on site” with the ability to set schedules and dole out discipline makes for a supervisor as a matter of law.