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Workplace Discharge Blog

This blog relating to "Workplace Separation and Divorce" is devoted to issues surrounding termination of employees in the workplace, including disciplinary discharge, resignation, and layoffs/reductions in force. We welcome outside submissions for posting on this and the related workplace blogs, as well as those who may want to advertise materials related to those blogs.

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Thursday, December 25, 2008

NLRB finds Starbucks Illegally Fired Baristas Trying to Organize Union

See Starbucks loses round in battle over union, NYT, 12/24/08, at A21

-given negative job evaluations, prohibited ees from discussing union, Stuart Lichten

Posted by Bryan D. Glass, Esq. at 7:43 PM

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Common Questions

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Contact the Workplace Lawyer at bryandglass@gmail.com for assistance.

At Will Employment
1. Can't employees be fired at will?

Protected Categories (age, sex, race, religion, national origin, pregnancy, etc.)
1. What are the protected categories under federal law?
2. Are there additional protected categories under state law?
3. How does the EEOC or State Division handle discrimination charges against a business?
4. What happens if an employee gets arrested?
5. What happens if an employee does not have proper immigration papers to work in the U.S.?
6. What is retaliation?

Severance Agreements and Other Protective Measures
1. What is a severance agreement?
2. How much severance should be paid?
3. Can't a standard form be used?
4. Does it matter if one or many employees are being let go?
5. What is EPLI insurance?
6. What is a Rule 68 offer of judgment?
7. Is a noncompete, nonsolicitation, and/or confidentiality clause enforceable upon an employee's termination?

Unionized Employers
1. What is just cause?
2. What is progressive discipline?
3. Is it true that it is almost impossible to fire a unionized employee?
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Useful Links to Job Sites

  • http://50statejobs.com
  • http://www.attorneyjobs.com
  • http://www.careerbuilder.com
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  • http://www.nyjobsource.com
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  • http://www.simplyhired.com
  • http://www.theladders.com
  • http://www.topschooljobs.org
  • http://www.vault.com
  • Rebound: A Proven Plan for Starting Over (book)
  • usajobs.gov
  • www.retirementjobs.com

Useful Links to Post-Employment Benefits

  • COBRA
  • Unemployment Compensation
  • Workers' Compensation

Sources of Legal Rights

  • age
  • collective bargaining agreement
  • disability
  • gender
  • national origin
  • pregnancy/maternity
  • race
  • retaliation
  • sexual harassment
  • sexual orientation
  • tenure
  • union animus
  • whistleblower

Useful Links to Sources of Legal Rights

  • EEOC
  • NLRB
  • NYCCHR
  • NYSDHR
  • OWBPA
  • PDA
  • WARN
  • Whistleblower Protection

Reasons and Consequences

"WORKPLACE SEPARATION" (reasons)
Constructive Discharge
Disability-Related Leave Discharge
Discriminatory Discharge
Just Cause Discharge (tenure)
Layoff/Reduction in Force (WARN)
Public Policy Discharge (immigration, drugs)
Retaliatory Discharge (FLSA, whistleblower)
Statutory Discharge (NLRB)
Voluntary Quit
Whistleblower
Wrongful Discharge

"WORKPLACE DIVORCE" (consequences)
COBRA
Confidentiality/Noncompete Protection
Severance (releases and waivers)
Unemployment


Job Loss Issues to Consider

  • 401k rollover and pension obligations
  • age discrimination
  • benefit accruals
  • COBRA
  • DOL
  • EEOC
  • food stamps
  • handbook obligations
  • just cause
  • libel and slander/defamation
  • noncompetition/nonsolicitation obligations
  • outplacement assistance
  • property of company
  • reference letters
  • severance package
  • termination letter
  • unemployment benefits
  • vacation accruals
  • WARN obligations

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Useful Links for Employers

  • Top 10 Mistakes in Terminating Employees

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