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Terminations

Insubordination is grounds for denying unemployment

12/24/2014
Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.

Being placed on performance improvement plan isn’t grounds to claim ‘constructive discharge’

12/24/2014
Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

The requirements of California’s WARN Act

12/24/2014
What are the penalties for violating California WARN Act’s notice requirements? And are there any valid exceptions to them?

Providing References to Other Employers

12/19/2014

HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring …

Severance Pay

12/18/2014

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements …

2015 layoffs could be lowest since 2003

12/17/2014
Planned layoffs are at a record low heading into 2015, according to a survey released Dec. 3 by the nonprofit total rewards association WorldatWork.

COBRA: Employer Obligations

12/13/2014

HR Law 101: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, employers are required to continue offering health insurance benefits to employees and their covered dependents for a specified period after they leave the organization …

Is California WARN different than the federal law?

12/08/2014
Q. As a California employer, am I required to follow the same 90-day aggregation rule that the federal WARN Act follows?

How does California’s plant closing law work?

12/08/2014
Q. Our company is going to have lay off a large number of employees. Are we required to give notice to the employees?

Unemployment: Track complaints that led to quitting

12/08/2014

You need clear lines of communication so employees can complain about workplace problems. That can protect you if an employee quits because of alleged harassment and then applies for unemployment benefits. He won’t be eligible if he never gives you a chance to fix the problem. Not using the company complaint process pretty much means the em­­ployee didn’t give his employer a chance, blocking benefits.