While I was discussing a new hire's performance, he left the company suddenly & came back to sue to company for wrongfully termination. He then ask for severance package based on the employment contract during hired (which is one year's salary plus stock). What can I do to ask him to back off?
2007-12-01 18:47:37 · 11 answers · asked by stewart_wu1 1 in Politics & Government ➔ Law & Ethics
Your question is wrongly worded.
You say that you had a disagreement with your employee,and because of that he left you. If he has left on his own accord, the question of termination does not arise at all..
If you have issued a notice of termination, or terminated
his services wilfully, your employee has a right to claim for a compensation from you on the basis of contractual terms
of employment , he might have entered into with you.
Otherwise he will have no claim.whatsoever
2007-12-02 01:04:07 · answer #1 · answered by tmuthiah 5 · 0⤊ 0⤋
Check his contract, first. If he left as in he quit, then (barring any specific clauses in the contract) you're not liable for any "wrongful termination" and you can tell him to kiss your ***. His contract will have more detail on the severence package, whether or not he qualifies for that, but I'm going to guess he probably doesn't IF he quit.
Your worst problem is not likely to be that he'll win any suit, but that he'll suck up so much time and money during litigation that he'll become a major annoyance. If your company has a legal department, talk to someone from there, they'll at least have some legal knowledge to be able to help you with. Otherwise there are many attorneys that offer free initial consultations - just be careful not to get talked into hiring one until you've gotten a few second opinions.
If you want to keep it entirely out of the court and try to reason with him, your best bet is to explain that he has no case (assuming that this is the case) and that he's just going to spend a lot of money if he tries to pursue this. But chances are if he quit and then thinks he can sue for wrongful termination, he's not a reasonable fellow. Talk to the company lawyer.
2007-12-01 18:56:06 · answer #2 · answered by Socks 4 · 0⤊ 0⤋
If you didn't terminate him, then what makes him so sure he has severance coming.
Since the time he came back to sue for severance, have you sat down and really studied company bi laws? If it has been awhile, he may know more than you. No offense intended.
Read the fine print.
Is there anyone else in the company you could discuss this with or are you the company. Think one way or the other you should consult with a lawyer. Before you consult with lawyer, get all company policies, bi laws or anything else is there.
This guy may be trying to pull a fast one, so be careful and consult with lawyer and bring all necessary papers with you to lawyer. Next thing this guy is going to bring up is the disagreement you had with him. He may have already consulted with a lawyer.
Don't think I would tell him to back off or anything that suggests this. You don't know who you're dealing with. Or hand this over to the boss.because these are legal matters to contend with. Don't think you should go it alone.
2007-12-01 20:00:10 · answer #3 · answered by Eagles Fly 7 · 0⤊ 0⤋
If he walked off and didn't come back, then he either quit without notice or was fired for abandoning his position. Barring any specific clause in the contract, either one would be a failure to fulfill the employment contract and you will owe him nothing, and his claim of wrongful terminition is invalid.
2007-12-01 21:26:13 · answer #4 · answered by Gray Wanderer 7 · 0⤊ 0⤋
You don't make sense. If he LEFT, then you did not terminate him. Did you FIRE him?
If fired, he's not entitled to any severance.
If laid off, he is.
And is he your employee or a contractor? If he's a contractor, then you better read the contract to see if he had the right to walk out without owing YOU money.
2007-12-01 18:51:54 · answer #5 · answered by equal_opposites 5 · 0⤊ 0⤋
you may, yet i could think of intently approximately such an action. First, wrongful termination would be very perplexing to teach, notably in case you signed an "at will" contract, that's undemanding those days. no one does their interest completely, and it is not perplexing for employers to discover a criminal clarification for letting you circulate. 2d, considered one of those project could be rather severe priced to you. even in the journey that your case became into uncomplicated, you may could, a minimum of initially, shell out thousands of dollars in criminal fees out of your guy or woman pocket, and god forbid in case you lost you may nonetheless be jobless and then be saddled with all that debt. 0.33, even if in case you gained your case, and the corporate became into forced to take you back, do not you think of your mere presence there could reason a brilliant quantity of resentment? as quickly as you went back to artwork, you would be watched like a hawk, probable in an environment which would be depressing for you, any little mistake you made could be pounced on, and it probable would not be too long previously they chanced on a valid reason to eliminate you. So, except there are very good techniques in touch here, or except the corporate is obviously doing something unlawful, that's probable on your greater advantageous pastime to easily enable this circulate and discover a greater advantageous, greater friendly place to artwork.
2016-10-10 01:28:51 · answer #6 · answered by favaron 3 · 0⤊ 0⤋
If you fired him, you must live up to the contract. If he violated the contract, then he is out of luck.
Next time hire in an "At Will" state.
2007-12-01 19:04:15 · answer #7 · answered by Kevin k 7 · 1⤊ 0⤋
Did he leave, or was he fired? If he walked out, it's his loss. Even with a contract, he has to live up the the requirements of the contract, if he did not, still, it's his loss.
2007-12-01 18:54:06 · answer #8 · answered by Ronnie j 4 · 1⤊ 0⤋
Hopefully you work in an "employment at will" state.
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More of this Feature
• What Employment at Will Means
• Employment at Will or at Whim?
• Federal Laws Limiting Employment at Will
Related Resources
• About Non-Compete Agreements
• Am I Entitled to Severance Pay?
• Drug Testing in the Workplace FAQs
• Giving Two Weeks Notice
• Overtime Pay FAQs
• Quit Your Job
• Research Labor Laws
• Surviving Layoff
• What can my ex-employer say about me?
• What's Employment Discrimination?
• What's in a Severance Package?
• What's Wrongful Termination?
• Writing a Letter of Resignation
Elsewhere on the Web
• Model Employment Termination Act Summary
• National Whistleblower Center
• What's good cause for firing?
• When is firing discriminatory?
What Employment at Will Means
As are many employees only after the fact, you might be surprised to learn in advance that U.S. employers may legally fire you for just about any reason, no reason or even an unfair reason. That's partially because there are relatively few labor laws that protect workers from wrongful termination and none that generally protect from workplace "unfairness" per se. But it's more so because most states consider employment to be "at will" in legal jargon.
In plain English, the Employment At-Will Doctrine means that employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee under the doctrine, you may quit your job whenever and for whatever reason you want, usually without consequence. In turn, at-will employers may terminate you whenever and for whatever reason they want, usually without consequence.
Either party may end the relationship without prior notice, but neither party may breach contracts. Employers cannot violate state or Federal laws, and generally cannot rightfully terminate employees who refuse to do something that is contrary to public policy and sound morality, such as breaking the law. But with these few exceptions aside, it's pretty much open season on employees year round.
Although you may "legally" quit at any time without prior notice, you might deprive yourself of termination benefits, such as accrued vacation pay, if you don't give at least the minimum notice documented by your employer. U.S. employers typically require minimum notice in the form of a resignation letter submitted at least two weeks in advance, and document the requirements in employee policy manuals or similar documents.
In the absence of contracts (such as collective bargaining agreements) that either waive or enforce it, the Employment At-Will Doctrine is typically enforced under common law.
It was the outcome of the 1908 case of Adair v. United States that set the U.S. Supreme Court precedent for employment at will. Contact your state's labor office to find out if it upholds the Employment At-Will Doctrine.
Your employer might require you to sign an agreement that documents the terms of employment at will, to ensure you agree in writing. If written correctly, it's a legal and binding contract, backed by the common law. Alternately, the terms might be in a policy manual or similar document, and you likely agreed in writing to abide by company policies when you hired on. In the absence of explicit, signed contracts, some states consider policy manuals and such to be binding, implied contracts.
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"Employment at Will" is just a guide and not intended as legal advice. Neither the author nor publisher are engaged in rendering legal services. Please see an attorney for legal advice. Because laws vary by state and are subject to change, neither the author nor publisher guarantees the accuracy of this article.
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2007-12-01 19:01:32 · answer #9 · answered by xman77 3 · 0⤊ 1⤋
If it's in the contract you must pay it
2007-12-01 18:51:33 · answer #10 · answered by Anonymous · 0⤊ 0⤋