Back in 2021, a change to the state’s unemployment compensation law might have been overlooked. After all, the provisions didn’t go into effect until January 1, 2024.
Alas, the time is now for employers to pay attention.
The state Department of Labor has a whole list of all the changes going into effect but I
I pose a simple question — When should you fire an employee?
Your answers, at first, may be simple: When they steal. When they lie. When they physically fight with another employee.
Then, you might start to add a few more: When they are absent from work. When they don’t do their job. Or don’t
Last week, the NLRB issued a landmark decision in McLaren Macomb that is already shaking up how private employers (both unionized and non-unionized) should consider severance agreements.
My colleagues have the full recap of the decision over at our sister blog, Employment Law Letter, from Friday and I highly recommend reading that first.
The key
Don’t believe everything you read on the internet.
I suppose that’s the advice parents should be giving to their kids nowadays but it holds true in employment law too.
Take this sample severance agreement that shows up as number one on Google’s search for “severance agreements”.
It’s a terrible agreement.
Yes, it’s simple but it
Lately, I’ve been talking with more employers about permanent reductions in force.
It’s not fun.
And it’s not something I thought we’d be talking about 3 months ago, and yet it’s not foreign to me either.
In fact, I spent several of my earliest posts here on this exact topic.
As I talk with employers
This blog has tried to stay apolitical throughout its 12+ years so I’m not going to start talking politics now.
But, over the last week, the issue of confidentiality provisions and non disparagement clauses in settlement agreements of discrimination claims has moved front and center of the political debate between Senator Elizabeth Warren and Michael
In years past, I’ve looked at my crystal ball, I’ve read the tea leaves and I’ve even examined my Magic 8-Ball sitting in my office. (You never know when you need one.)
I’m out of prediction-making tools.
And indeed, since I started doing this, there are now national lawfirms that are offering up
The Dialogue – an occasional discussion between myself and a prominent employee-side attorney, Nina Pirrotti returns today after a late summer hiatus. Today’s chat focuses on employee separations and severance agreements. Share your own tips or observations in the comments below. As always, my thanks to Nina for sharing her insights here.
Dan: Hi Nina!
Before I even begin this post, let me advance the disclaimer right off the bat: Despite the title of this post, there is no sure-fire way to fire an employee without getting sued.
Indeed, the title is a bit of a misnomer. It’s often been paraphrased that anyone can sue anyone else for anything at
One of the little facts that’s not widely known is that the SEC typically publishes all sorts of executive employment agreements for publicly-traded companies. They’re ready and available for download.
Why might the average person do that? Well, for one, these agreements can sometimes contain