Two of the three federal judges hearing an appeal involving a Jimmy John’s franchisee upheld a National Labor Relations Board decision that employees could not be fired because they warned customers the chain’s food would make them sick. Even if the workers knew the contention was not true, as they apparently did, they have a right to use such methods to win support in a battle with their employer, who had prevailed in an attempt to unionize the staff more than five years ago. Lies are merely exaggerated rhetoric, in the opinion of one judge.
I am speechless and that is rare.
This is just wrong so employees can defame your business and cost you $$$ and get away with it. And these judges are supposed to be educated what a joke.
They cannot be fired for making libelous claims (or is it slanderous?)
Okay, but their hours can be reduced to a single 4-hour shift per week at obnoxious times to come in and do nothing but clean toilets.
Just say’n…
There’s ways to make an employee no longer want to stay employed, I’ve used a few unique tactics to get someone to leave on their own free will before terminating them. Especially because their goal was to be unemployed to collect compensation, then work jobs that pay cash under the table to Double Dip and game the system.
Not that i generally agree with it, but yes GotRocks is right. There are certain situations that require a “schedule adjustment” to get a trouble employee to quit on their own.
Because of these types of rulings that go beyond all belief.
Yes, it is perversely satisfying to respond to the unemployment inquiry saying that the employee quit voluntarily… and that shifts were available as evidenced by the fact that you hired to replace them!
I got one for you, we let a guy go who went to jail for an extended period of time for some felony charges. He was in jail 30+ days. He won his unemployment claim due to the fact that he had not gotten any prior warnings about going to jail would let to termination.
I was literally speechless. So you need to warn employees that going to jail will get you fired. What is the world coming to!
How is he then able to meet his expectations on finding a new job from jail ? It is not like he can call or use the internet to find a job or do an interview while in jail…
He was able to collect? (not really surprising to me) or it was chargeable to your experience rating? (that would surprise me)
What state are you in?
washington state. I am assuming it effected my experience rating? it normal does when they collect
We had someone at my previos job no call no show for a week and than win unemployment because he was not informed his not showing up to work would lead to his termination.
Now when the occasion calls for it I document everything in warnings even a no-call no-show that can’t be signed… 4 years in business and no claims against me yet. It is quite easy to just cut their hours and let them find another job and then they become someone elses problem.
Not necessarily at least here. We have had several former employees get benefits without it being chargeable to our experience rating. Also, keep in mind, if you do not have a bunch of claims, one claim is not going to change your rate.
Absolutely ridiculous!
My last “No-call, No-Show” showed up to work after 2 weeks of being missing, he wondered why the POS wasn’t accepting his employee ID number, I was watching him wondering what the heck he was even doing here.
I asked what he was doing, he said he is here to work, I explained that after not seeing him for the last 10 days that he was scheduled, he has been replaced. He could not understand why because is was not his fault he got arrested on a probation violation for drinking. He fully expected me to take him back and terminate his replacement, Yet, I’m the butthole for not keeping his position open for him.
The last I heard, he was recently arrested again, and confessed to 32 counts of burglary of a dwelling. (breaking into vacation homes)
My ex-employee list has home burglars, armed business robbers, attempted murderers, & drug dealers and prostitutes on it too.
My application pile in the 'Do Not Hire folder" is littered with convicted child molesters, convicted rapists (with great bodily harm, and victims under 16 yrs old) embezzlers (multiple convictions) thieves, People who are heavily medicated by court order to be able to stay out of mental health commitments. Drivers that have applied to deliver here. yet they have no license, no insurance, and no chance of ever getting a license for years to come, One guy had 37 citations in 15 months, yeah, I want him driving for us KNOT! and I even had an arsonist, Maybe I should have hired her??
I do not live in a big city, I cannot imagine what you guys in major metro areas see for applicants and employees.
That is insane!!! My previous store used to be in Los Angeles and I never saw anything close to this. The worst I had was a guy that I tried out try and use me as a reference for his social worker. When she called I explained to her the situation she was confused for a second we both laughed and that was it.
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Bizarre. in Colorado not showing up for work is a valid reason to terminate. There are some exceptions (as noted above) where there are valid reasons to not show up but generally it is not an issue. It is considered voluntarily quit. Just be sure you document the dates etc. Of course, having an employee policy manual provided to employees that includes things like this and having them read it on hiring helps!
Used to be in business in Denver, Colorado years ago. Short story sweet. Manager calls about a girl stealing. Witnesses I asked. Just the manager and asst manager. Forget it I said. Wait until you have more witnesses. People who steal always continue the practice. Manager calls. How many witnesses? Six including the manager. Terminate her I said. She files a discrimination suit against us with the labor board. She was pregnant and nobody even knew. We spent a good deal of money researching all employees in the company who had been or were pregnant. No issues. Went to labor board and presented our case. The only response from the labor was, “don’t you think you should have warned her before you terminated her”? I said we should warn her that if she continues to steal that she will be terminated? That was the end of it and they actually denied her. Felt good about the result. Shortly thereafter the girl got a public defender and sued us in civil court. Attorney time. At the end of a month he calls and said he had good news and bad news. The good news is that we would win the case hands down, no problem. The bad news is that it will cost you up to $20,000 to defend the case. Then he said that I could pay her $5,000 and she will go away.
I am thinking $20,000 plus stress plus the time involved to go through a suit. No brainer, I paid the $5,000.
I had a head decorator in my bakery about 3 years ago. He had a side business concerning some kind of fashion stuff. About once a month he would need to leave for usually three days and always during the heaviest part of the week. Then the time he needed off increased to a point where it was seriously disrupting the business so I asked him to decide which one he wanted to do. He said fashion and quit. A few weeks later I get the unemployment papers for him. He was going to get a pretty good some of unemployment money. I called the unemployment office and told them the reason he quit is because he operates a side business and has no time to work. They said to submit the info in writing. I submitted the information and they gave him unemployment. About a year later I had almost forgotten about the issue until I received the year end report on on our account. He was still drawing so I called the unemployment office again and said, "Hey, this is working his side business (I checked on this) why does he get unemployment? They were not interested. SICK stuff