View Single Post
  #11  
Old 06-27-2007, 12:50 PM
SonofDjugashvili SonofDjugashvili is offline
Senior Member
 
Join Date: Apr 2007
Location: CCCP
Posts: 535
Default Re: Workplace Gripes – Vent Here! ! (or just share workplace stories)

[ QUOTE ]
[ QUOTE ]
2. In most states they CAN fire you any time they want for any reason. But they do have to pay unemployment unless they can show that they fired you for "cause", at least in Missouri.

Also, I'm a fan of the "performance review" because that's usually when they give me a raise. [img]/images/graemlins/smile.gif[/img]

I probably shouldn't vent because I'm supremely unhappy in my job at the moment and the post would probably turn into an encyclopedia of gripes.

[/ QUOTE ]

I don't know much about how this unemployment stuff works. If they fire you then you're not eligible for unemployment, is that what you're saying? And they wouldn't fire you unless they have documented cause? So would you say that a performance review is more for the employer's benefit or is it a favor they are doing for us employees?


p.s. VR, you must share at least one of your gripes with us. Please? [img]/images/graemlins/smile.gif[/img]

[/ QUOTE ]

With respect to firing, I covered this in the B&M forum, but basically, unless your particular jurisdiction is somehow extraordinary, your employer can fire you any time for any reason. Under typical labour statutes, all they owe is 2 weeks notice or severance. However, by virtue of common law (legal precedent in jurisdictions whose legal system originated in Britain, that is US, Canada, Australia, NZ, etc), they owe you notice or severance based on your term of service and how senior you are. For your average white-collar employee that notice/severance amount is 1 month for every year of service. The older/more senior you are, the more you are entitled to.
Now, if they fire you for "cause" they don't owe you anything (you can still collect unemployment insurance). However, it's not that easy to fire for cause, unless you do something really stupid like assault a co-worker. That's why they build files on you to show that your performance was inadequate and you were repeatedly warned, etc. If they build up enough of a history, they can argue that you were fired for being a "bad" employee.
Hope that helps.
Reply With Quote