Re: Overtime rules

Subject: Re: Overtime rules
From: "Gene Kim-Eng" <techwr -at- genek -dot- com>
To: <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Fri, 25 Jan 2008 12:41:39 -0800

In the state of CA, the employment statutes define
"insubordination" as the refusal to follow a "legal and
resonable instruction," and unemployment is only
denied in cases of "gross misconduct," which is
defined as an action that causes the employer to
suffer "significant injury or harm." Anytime the words
"reasonable" or "significant" rear their heads in a CA
employment dispute, that's usually a red flag that says,
"we're going to court." Given the relatively low cost
to the employer of the unemployment benefits vs.
defending against a suit and the equally low value of
unemployment benefits to a tech writer with a typical
salary in this state, the likely conclusion to this
scenario is the employer doesn't contest the
unemployement while the ex-employee scrambles
to get re-employed somewhere else as quickly as
possible.

Gene Kim-Eng


----- Original Message -----
From: "Keith Hansen" <KRH -at- weiland-wfg -dot- com>
> This raises a question I have. Assume the following:
> * Employee is salaried, exempt worker.
> * Employer demands that employee work 60, 70, or 80 hours per week
> consistently--no overtime or additional compensation of any kind.
> * Employee refuses.
> * Employer accuses employee of insubordination and terminates him/her.
> * Employee files claim for unemployment benefits.
> * Employer contests claim, stating that employee was insubordinate and
> justifiably terminated for failure to perform his/her job adequately.

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References:
RE: Overtime rules: From: Melanie Blank
RE: Overtime rules: From: Keith Hansen

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