Now, in terms of unemployment insurance, a board will decide whether you are eligible. If you quit or were fired and if you are thus eligible for unemploment benefits. I've seen it go both ways.
It may not be the way it should be, but that's the way it is.Reason 4: There's always a big cost associated with firing an employee. Here is where I appeal to your selfish nature. Even if you don't give a second thought to the employee's feelings (and I know you really do), here are a few of the costs, itemized for your convenience:
*Disruption and cost associated with recruiting, hiring, and training a replacement.
*Unemployment compensation for terminated employee.
*If you fight on unemployment, cost and disruption associated with that.
*Disruption and cost associated with arbitration, if you have that.
*Possibility that arbitrator will reinstate employee with back pay, anyway.
*Cost of severance package, if you're lucky and employee takes it.
*Cost and disruption associated with inevitable charge of discrimination if you don't offer severance or employee refuses to take it. Or complaint filed with the U.S. Department of Labor, or some other government agency. Or belated workers' comp claim. Or dealing with local personal injury lawyer who has taken employee's case.
*Disruption and expense of litigation or defense of administrative complaint.
*Cost of settlement, if you settle.
*Cost of summary judgment prep, if you don't settle.
*Cost of trial if you don't get summary judgment.
*Potential cost if jury finds in employee's favor, including, depending on the claim, the employee's attorneys' fees.
Four reasons your employment lawyer thinks firing should be a last resort : Employment and Labor Insider : Constangy Brooks and Smith: Insight into workplace, affirmative action, workers' compensation, occupational safety, class action, and wage and
Even it were legal, no one would want to work for such a place. The smart employee would just post the agreement online somewhere on some blog (likely anonymously) to discredit the employer. Similar things have happened before. . .
Fired Amy's Baking Company Employee Reportedly Gives Reddit AMA, Calls Owner 'Demonic'
Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act), the Genetic Information Non-Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act; and class and collective actions under the Fair Labor Standards Act and state wage-hour laws; defense of audits by the Office of Federal Contract Compliance Programs; and labor relations.
Robin E. Shea: Constangy, Brooks & Smith, LLP
Be sure to read on at the source for state by state exclusions and exemptions.At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning. When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave his or her job without reason or warning. In contrast, the practice is seen as unjust by those who view the employment relationship as characterised by inequality of bargaining power.