Resignations

Can we require repayment of moving expenses if a new employee quits?

08/22/2008

Q. Our company plans to hire a manager who will move to North Carolina from out of state. We will pay her moving expenses. Can we recoup those payments if she quits after moving here? …

Is it permissible to recover education reimbursements from final paychecks?

08/22/2008

Q. Our company has a program that reimburses employees for work-related educational programs. However, if the employee leaves the company within one year of the reimbursement payment, the employee must repay the company. Can we take this repayment out of the employee’s final paycheck? …

The 6 kinds of terminations … and how to avoid lawsuits for each one

08/21/2008

Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to make sure they defend themselves if the termination is challenged in court …

Sour environment doesn’t warrant constructive discharge

08/12/2008

Employees who believe they are being discriminated against and can no longer tolerate their work environments may quit and sue, claiming they had no choice. That’s the basis for a “constructive discharge” claim. But it takes more than an unpleasant work environment to justify the resignation as constructive discharge …

Can we withhold accrued vacation pay if employee doesn’t give two weeks’ notice?

08/12/2008

Q. Our company policy is to not pay an employee for unused vacation time if the employee resigns without giving the required two weeks’ notice. A former employee has challenged this policy and is threatening to take the company to court. Is this policy lawful? …

Extra work, harsh treatment may not be reverse discrimination

08/11/2008

Resentment may run high if employees feel like they’re picking up the slack for other employees they perceive as doing less than required—especially if they believe management isn’t making others pull their fair share because of race or nationality or some other protected classification. But that doesn’t necessarily amount to reverse discrimination …

Former broker files whistle-Blower suit following fraud investigation

08/06/2008

Timothy Flynn, a former senior vice president for UBS Financial Services, has filed a lawsuit claiming the Wall Street firm retaliated against him for cooperating with a Massachusetts securities fraud investigation …

Merrill Lynch hit with age discrimination lawsuit

08/06/2008

Lou Telerico, a former stockbroker for Merrill Lynch & Co.’s Cleveland operations, has filed a lawsuit claiming the company forced him out after 30 years of service because of his age …

Is ‘at-will’ employment at risk in Colorado? Voters will decide

08/05/2008

Colorado (like nearly every other state) historically has been an “at-will” employment state. That means employers are free to fire an employee, and an employee is free to quit, at any time, with or without cause, and with or without notice. But this fall, that could all change. Ballot Initiative 76 would amend the state constitution to eliminate at-will employment …

Government employees can sue without first filing administrative complaints

08/01/2008

The Supreme Court of Ohio just made it easier for public employees to sue their employers. It ruled employees could go directly to court instead of pursuing administrative remedies first. That means less time and fewer opportunities for employers to resolve any discrimination complaints before they go to court …