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It essentially means that work is provided at the will of the employer and the employee. Either party can end the arrangement at any time, with or without cause. Of course this doesnt apply in a contract arrangement.
It essentially means that work is provided at the will of the employer and the employee. Either party can end the arrangement at any time, with or without cause. Of course this doesnt apply in a contract arrangement.
So, if I understand this correctly, it then comes down to the right to collect unemployment benefits? If an employer doesn't want his (factor? I forgot what that layoff % is called) he can say the employee was laid off for cause?
That would prevent the employee from collecting??
Don't know from my clear as mud question you understand what I'm getting at.
So, if I understand this correctly, it then comes down to the right to collect unemployment benefits? If an employer doesn't want his (factor? I forgot what that layoff % is called) he can say the employee was laid off for cause?
That would prevent the employee from collecting??
Don't know from my clear as mud question you understand what I'm getting at.
No it doesn't have to do with unempl benefits, it is more about hiring quiting w/o fear of litigation. Basically a boss can fire an employee without any reason and not get sued. I assume this excludes, race gender age stuff. And it means an employee can quit, walk out on a job and not get sued even if it means they cost their previous employer a lot of probs. Then again I am not a lawyer so take all this with a grain of salt.
No it doesn't have to do with unempl benefits, it is more about hiring quiting w/o fear of litigation. Basically a boss can fire an employee without any reason and not get sued. I assume this excludes, race gender age stuff. And it means an employee can quit, walk out on a job and not get sued even if it means they cost their previous employer a lot of probs. Then again I am not a lawyer so take all this with a grain of salt.
This is my understanding of the law as well. In regards to unemployment benefits- if the employee quits, TS. If the employee is fired he is entitled to unemployment benefits.
An employer can protest a fired employee receiving the benefits, tho.
That is why I always heard people say - don't ever walk off a job - let your employer fire you. I always wondered about that advice, b/c a savvy employer will have a stack of documentation to prove that he/she fired an employee "with just cause." Most employees make the mistake of NOT keeping documentation to prove they were not at fault, and thus, can't make a good case for themselves in a hearing.
This is my understanding of the law as well. In regards to unemployment benefits- if the employee quits, TS. If the employee is fired he is entitled to unemployment benefits.
Not nit-picking Hoagie but doesn't "fired" usually mean "with cause" and not entitled as opposed to "laid off" with benes ?
Not nit-picking Hoagie but doesn't "fired" usually mean "with cause" and not entitled as opposed to "laid off" with benes ?
Guess that would depend on the circumstances. As Ani mentioned- some employers document well, and are able to appeal (and win) the payment of benefits.
Important to remember that unemployment insurance is paid for by the employer. The rate is based on number of years in business, and the number of employees that apply for and receive benes.
Guess that would depend on the circumstances. As Ani mentioned- some employers document well, and are able to appeal (and win) the payment of benefits.
Important to remember that unemployment insurance is paid for by the employer. The rate is based on number of years in business, and the number of employees that apply for and receive benes.
Yep. You are so right. That is why most employers will go thru/ the protest process - cause their rates go up at some point (don't remember thresholds) depending on how many employees have filed for bennies, within x period of time.
A problem we have right now in NC is employers giving negative references to former employees who applied for unemployment and received the insurance benefits...
I've assisted with several cases where employers were giving "would not rehire" recommendations to those who won benefits... complaints have been filed but the systems are so overwhelmed right now
The pushing out is a big issue too, especially, it seems, in the rural parts of the state. Even a few complaints of offering fake positions so that the company could fight potential benefits and say, "well, I offered them xxx and they left anyway"
I'm sorry for what you and your husband are going through... I would begin the benefits application process immediately. I know some clients who waited 3 months to get a determination and that was before the holidays when even fewer people were out of work.
Good luck with the process. If you do decide to pursue legal counsel, stay strong, employment law can be a frustrating process but if you have a case... you deserve to get resolution.
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Since the man in question was injured on the job, this injury was supposed to be reported to OSHA. Companies have to file reports & if they have a lot of injuries it can create problems for them. I know of several people who were forced out after on the job injuries.
I am not a lawyer, much less a labor lawyer, but I think that the places to check are these websites.
The U.S. Department of Labor Home Page (http://www.dol.gov/ - broken link)
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