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Aug 06 2015
Labor RelationsTermination & Resignation

Employee fired for “gossiping” about potential firing wins case against employer

Termination of an employee for telling coworkers about a job posting she believed was for an existing job with their Oregon employer was illegal, ruled the National Labor Relations Board. The advertisement did not list the employer, but from the description the employee believed it was her employer, a nonunion company. A coworker who heard…

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Jul 29 2015
Employee BenefitsQ&ATermination & Resignation

Can an employee who voluntarily quit still get unemployment benefits?

Possibly, depending on the circumstances. Generally, an employee who voluntarily quits without good cause is disqualified from receiving unemployment benefits. However, there are a few exceptions. For example, an employee who quits because he is subjected to harassment or a hostile work environment can still qualify for benefits. This is sometimes referred to as “constructive…

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Jul 20 2015
DisabilityTermination & Resignation

Disability discrimination found when employer avoids interactive process

The employee provided the company with a note from her doctor which described her work-related restrictions. Under the Americans with Disabilities Act (ADA), this triggered the employer’s duty to engage in the “interactive process” with the employee to explore whether a reasonable accommodation might allow her to perform the essential duties of her job. At…

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May 07 2015
Q&ATermination & Resignation

When should an employee sign a release agreement for severance pay?

Answer: Answer: It’s a good idea to require a terminating employee to sign a release agreement any time you offer compensation they are not already entitled to receive. The release or separation agreement does not need to be signed during the termination meeting; in fact, in some situations it will not be valid or enforceable…

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