Does an employee have to have reason to terminate an employee
If the employer is an at-will employer, they may terminate an employee at any time, with or without reason and with or without notice, as long as the termination is not for an illegal reason. In other words, the employer may not terminate an employee due to their race, gender, age, etc. or in retaliation for making a complaint to the Occupational Safety and Health Administration (OSHA) or the Equal Employment Opportunity Commission (EEOC), a sexual harassment complaint, or the like.
If a CA EE lies on his post employment medical questionnaire and this person is in a safety sensitive position, can this person be fired for falsification?
Most employers have a policy stating that falsification of employment forms is grounds for termination, regardless of the position. It is recommended that any medical questionnaire form used also include this statement.
Also, if this is an at-will employment situation, the employer may terminate the employee for any reason, or no reason, so long as there is no violation of law. Even in the absence of a written policy, a termination based on the employee’s falsification of employment or other company documents would not be illegal.
In the state of Georgia do employees have to get a termination letter.
- Yes. Employers are required to provide employees with a separation letter that explains in detail the reason for the termination. The Georgia Department of Labor has a standard form available on their website, although it is not required that you use this form.
We did not have a vacation policy in place in written or oral form until 2012. We did create a company policy book for 2012 with vacation policy in detail. We terminated an employee in April of 2012 and they are claiming vacation time for 2 years prior to 2012 policy. the state is Iliinois
Illinois does not require employers to provide vacation; they only require that if you do provide vacation, unused and accrued vacation must be paid out at termination. If the company did not offer vacation prior to 2012, the employee would not have earned vacation prior to that time.
However, even in the absence of a written policy, if you did have an established practice of providing a certain amount of vacation time per year, the employee may have a valid claim. Illinois considers vacation to be a part of wages, and thus once given, it cannot be taken away.
But if the past practice was merely that an employee would occasionally be granted a day off here or there, with no implied policy or agreement that a certain amount of time would be given, this would probably not be considered an established policy, and thus it would most likely not be considered as wages due and payable.
Your vacation policy should have a statement regarding the effective date of the policies included therein. If there was no policy or practice of providing vacation before the effective date, you are not obligated to retroactively offer it now.
Our employee is wanting to quit because his spouse does not want him to leave her while they are working out of town. We know that he can file for unemployment benefits but is there any written form we can have him sign stating that he does not have any intention of filing for unemployment benefits?
No, you cannot interfere with your employee’s legal rights, one of which is to apply for unemployment. However, you also have the right to protest the claim if he does file for benefits.
Unemployment laws vary from state to state, so you will want to check your state-specific regulations. Typically, employees who voluntarily quit are not eligible for unemployment benefits unless they can show that they resigned due to intolerable work conditions which made it impossible for them to continue working. What constitutes intolerable work conditions will generally be decided on a case-by-case basis, in accordance with state protocol.
- Attendance Management (1446)
- Benefits (2021)
- Compensation (2337)
- Employment Training (329)
- Hiring and Staffing (1018)
- Human Resources Management (4840)
- Labor Laws (1585)
- Management / Leadership Development (357)
- Performance Management (246)
- Structural Development (41)
- Termination (744)
- Workplace Health & Safety (346)
- Workplace Management (500)