Unemployment

Apparently, selling “Wake The [expletive] Up” coffee raises the “for cause” termination bar

April 30, 2014 | by Eric B. Meyer

Let this be a lesson to those who are thinking about selling “Wake The F*&k Up” Coffee, “The Hottest F*&king Nuts,” or “The Hottest F*&king Sauce.”

Recently, I read this article from Clark Kauffman in the Des Moines Register about a cashier at the Last Chance Market in Iowa, who was allegedly fired after she and a customer began discussing various sexual activities in front of other customers. These customers then complained to management about the sexual banter, hence the pink slip.

Not that the employer need a reason to fire the crude cashier. Presumably, she was an at-will employee. But, the stakes are raised when an employee files for unemployment compensation benefits. That is, generally speaking, a terminated employee will receive u/c, unless the termination is for some sort of willful misconduct.

Employee’s Twitter hatin’ costs him unemployment benefits

October 22, 2012 | by Eric B. Meyer

An employee getting fired for caustic social-media posts is so 2011. Having an application for unemployment-compensation benefits denied because of Twitter stupidity — that’s the new black.

Details of a recent Commonwealth of Pennsylvania decision — don’t tread on me, Idaho — after the jump…

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PA companies offering severance to employees should read this…

January 11, 2012 | by Eric B. Meyer

Starting this year, employees who receive severance pay in excess of 40% of the average annual wage in Pennsylvania will have their unemployment compensation benefits offset. Currently, that 40% number is $17,853.00.

As Jonathan Segal, Legislative Director for PA State Council of SHRM, notes here, employers should be very careful not to represent anything in a severance agreement that an employee could reasonably construe as suggesting that this change in the law will not apply. He adds here that employers should also consider beefing up their severance-agreement-release language to confirm that the release is effective even if severance is offset or reduced under PA law.

You can read more on the change in the law here.

Good grief! Hallmark launches line of unemployment cards

September 30, 2011 | by Eric B. Meyer

Mach·i·a·vel·li·an [mak-ee-uh–vel-ee-uhn] adjective

of, like, or befitting Machiavelli.

characterized by subtle or unscrupulous cunning. He resorted to Machiavellian tactics in order to get ahead.

No unemployment benefits for woman fired for Facebooking at work

May 2, 2011 | by Eric B. Meyer

If you read this blog (or just about any other labor and employment law blog), you know that social media policies have fallen under recent heightened scrutiny because of the chilling effect they could have on employees discussing terms and conditions of employment (e.g., wages, hours, etc.) with each other online. Where there is no controversy, however, is that companies may discipline employees who shirk their job responsibilities and goof of online — especially while on the clock.

After the jump, it’s a decision from the Commonwealth Court of Pennsylvania denying unemployment compensation benefits to a nurse who was fired for using Facebook at work while she should have been medicating patients.

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No more “unemployed need not apply” ads in New Jersey

April 26, 2011 | by Eric B. Meyer

In just over a month, a new law in NJ forbidding business from discriminating against unemployed job candidates will take effect.

More about this new law and the effect it will have on NJ employers, after the jump…

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PA employee sleeps on the job and still collects unemployment

January 27, 2011 | by Eric B. Meyer

Hi there, Pennsylvania employers. Do you have employees that remind you of the sleeping gentleman in the picture to the right? After the jump, read about a local employee who was fired after getting caught sleeping on the job four times, and still successfully obtained unemployment compensation benefits!