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 14:05:14 -0800

Lauren is correct on this.

A common misconception is that "at-will" employment means
your employer can terminate you for *any* reason ("cause"),
but what the term really means is that your employer can
terminate you *no* reason, that is, without having to state a
cause, and be free of the spectre of a wrongful termination
suit in exchange for the cost of your unemployment benefits
(plus potential increases in their payroll tax rate if they do it too
often).

The moment your employer states a cause for your termination
(which is what they are doing if they contest your unemployment
benefits), they have forfeited the protection from legal action that
"at-will" provides them, and have opened themselves to possible
wrongful termination, demation, etc., actions if they are unable
to document their cause and convince a jury of people who
probably don't care much for their bosses that the cause was
"reasonable." Even if they win, the legal costs are likely to far
exceed the unemployment insurance costs. This is why the only
people who don't collect UI on termination are usually those who
steal from the company, threaten their managers or coworkers
or do something else that can land them in jail.

Gene Kim-Eng



----- Original Message -----
From: "Lauren" <lauren -at- writeco -dot- net>
> First off, you seem to have contradicted yourself. If this is an
> "at-will"
> state, then a termination based on performance ("failing to perform
> [...]
> adequately")

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References:
RE: Overtime rules: From: Lauren

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