Category Archives: Wrongful Termination

Wrongful termination is a form of illegal discrimination

Can You be Fired for Grilling Your Boss on Social Media?

Recently, a catering company called Pier Sixty in New York City terminated an employee who made an explicit complaint about his boss on Facebook. The National Labor Relations Board contested the firing on the grounds that social media posts are protected employee rights. The court agreed with this position, and decided that Facebook is a modern way for co-workers to communicate with each other and create employee unions, which is completely legal. Although the comment used explicit language and insulted his boss’s family member, the act that the employer committed to warrant that criticism was enough to get the courts favor. What Are My Rights When Forming a Union? Does my employer need to know about the union? No, they do not. You can join a completely new union your employer hasn’t heard of. Can I start a new union within my workplace? Yes, you may attempt to form a…
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Employee Rights: When Facing Discipline

Employee discipline is never a fun experience to go through. It can, however, be an effective means for improving performance, productivity, and motivation, when used correctly. Like it or not, when doing less than your employer expects of you means facing discipline, you’re more likely to complete the work they request. If used incorrectly, though, discipline can lead to legal problems. Legal Rights of the Employee When Facing Discipline Employment-at-will – Employers must ensure that all employees-at-will are aware of their relationship with their employer. Specifically, they must have clearly communicated that they, as the employer, have the right to terminate the working relationship at any time with or without notice. The reason for termination must be one that is legal and nondiscriminatory. Consistent discipline – All forms of discipline employers impose must be done consistently across races, genders, and any other protected characteristics, such as disability. This means that…
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Do Employers Have to Give Advanced Notice Before a Layoff?

Earlier this month, the Dallas News reported that AT&T would layoff around 54 employees at a call center in Richardson, to be completed by the end of March. AT&T disclosed the layoff in a letter it sent to the Texas Workforce Commission. Depending on the size of the layoff, law requires companies to give advanced notice of layoffs. What Happens If a Company Does Not Give Advanced Notice Before a Layoff? Per the Winston-Salem Journal, in January, a settlement was reached in a class-action lawsuit involving employees who alleged their employer, Microfibres Inc., violated the Worker Adjustment and Restraining Notification Act (WARN Act) when laying them off. A judge sealed the details of the settlement. Reportedly, however, the plaintiffs requested approximately $1.5 million in damages, which would be about $12,745 per employee. The suit stems from Microfibres filing bankruptcy in January 2016. On the same day that the company filed…
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