Can You Be Fired or Laid Off?
Can You Be Fired or Laid Off?
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Can You Be Fired for Smoking Marijuana in a State Where It's Legal?
With more and more states decriminalizing and legalizing the use of marijuana, many workers are wondering whether they can be fired from their jobs for using it legally.
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What You Can't Fire Someone For
Under the employment-at-will doctrine, an employer can generally fire an employee for any reason or for no reason at all. However, there are some things that an employer can't fire an employee for. Employers cannot fire employees for reasons that would violate anti-discrimination laws.
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Can my employer lay me off while I am on FMLA leave?
Question: I had abdominal surgery several weeks ago, and I'm taking FMLA leave from work. My doctor said I would need eight weeks off, then would be able to work only part time for four more weeks. I just got an email from my manager saying that the company is struggling financially and will have to
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Can an Employer Fire Someone for Being Sick?
In many situations, an employer is free to fire an at-will employee who misses too much work; after all, attendance is a basic job requirement for most positions. However, there are some exceptions.
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Can I Be Fired Because I Smoke Cigarettes or Vape?
In every state, employers are free to ban smoking at work. Some are required to do so by law; others choose to have a smoke-free workplace to protect the safety and health of employees and customers.
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Most employees work at will, which means their employers can lay them off or fire them at any time, for any reason that isn't illegal. An employer that's struggling financially is generally free to cut jobs as the circumstances dictate. But that doesn't mean every layoff is legal. Employees with contracts may be protected from certain kinds of layoffs.
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Just because they called it a "layoff" doesn't mean it was legal; here are some ways employers can get in trouble when conducting layoffs.
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Can my employer lay me off while I am on FMLA leave?
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Laid Off Employees: What Compensation Is Available?
During these tough economic times, plenty of employees worry about losing their jobs -- and their income -- in a layoff. It's a frightening prospect to be without a paycheck, even for a short period of time. But there are some forms of compensation that may be available to laid-off employees.
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COBRA: Continuing Your Health Insurance If You Lose Your Job
Learn about COBRA, the federal law that allows employees and their family members to continue their group health benefits after losing or leaving a job.
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How Long Do COBRA Benefits Last?
You can continue your benefits through COBRA from 18 to 36 months, depending on the situation.
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If I Accept a Severance Package, Can I Still File For Wrongful Termination?
Some employers offer severance to employees who lose their jobs. Often, however, employees who want a severance package have to sign a release or waiver, by which they give up their right to sue the company. What Is Severance? Severance refers generally to compensation, benefits, or other assistance
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Can You Get Unemployment If You Received Severance Pay?
Question I was recently laid off from my job at a California publishing company, along with more than a dozen others. The company has always paid severance to employees who are laid off. Each of us got a week of severance pay for every year we worked at the company. Based on my nine years of employment,
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What can you get if you win a wrongful termination lawsuit? It depends on your legal claims.
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Wrongful Termination: When Should You Talk to a Lawyer?
If you've recently been fired or laid off, you may be wondering whether you have any legal claims against your employer. Many fired employees don't: Because employees are generally presumed to work "at will," they can quit at any time, and they can be fired at any time, for any reason that isn't illegal.
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Laid Off vs. Fired: Understanding the Difference
Historically, a layoff was a temporary suspension from work. Workers might be laid off during the slow season of a cyclical business, for example, then be returned to work when business picked up again. These days, however, a layoff usually refers to a permanent termination of employment.
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What Laws Protect Employees From Retaliation?
Employees who raise concerns about workplace illegalities have legal protections.
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Forced to Perform Illegal Act by an Employer: Legal Rights and Issues
If you are fired because you refused to do something illegal at work or because you reported illegal activity, you may have legal claims against your employer. A number of laws intended to protect the public from dangerous or illegal activity, from environmental dumping to fraudulent accounting practices, also protect employees from retaliation for blowing the whistle.