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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts tagged termination.

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Terminated employees qualify for unemployment benefits when they are unemployed without fault on their part.  Recently the Virginia Court of Appeals determined that fault can include conduct that occurs outside of the workplace.

The Case

The case is Francis v. VEC & Wal-Mart Associates, Inc.  Francis was employed by Wal-Mart from 6/2006 through 4/2008.  During her time with Wal-Mart she had no workplace discipline issues.  Outside of work she was charged with felony welfare fraud.  Even though she was not required to do so, Francis disclosed the charges to her superiors.  Her superiors rewarded her openness by suspending Francis and eventually forcing her to resign in lieu of termination.

Stick figure pink slip (00092262).JPGThis is part II of my post from Friday.  The following procedures provide a basic template that you can tweak to fit your company.

Step One—Verbal Warning.  Have the employee’s supervisor discuss with the employee the problem that has occurred and the corrective measures that need to be taken. Have another manager sit in on the meeting. Make notes to the file documenting the meeting and problems and have both managers date and sign the entry.

Step Two—Written Warning. Have the employee’s supervisor draft a written warning that states the nature of the violation and the plan for correcting the behavior.  Have the supervisor discuss with the employee the problem that has occurred and the corrective measures that need to be taken. An additional step that might be appropriate is putting the employee on a probationary period. Have another manager sit in on the meeting. Make additional notes to the file documenting the meeting and problems and have both managers date and sign the entry.  Also have the employee date and sign the written warning.

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Do you have an employee whose performance isn't cutting it? If so, you will want to read this two part series on considerations and steps to take before terminating an employee.

Many employers terminate employees without following some basic procedures that take little effort on the part of the employer but can prevent major headaches later.   Following these rules prior to termination can help employers avoid problems post-employment and can provide a full defense to an employee’s claim of wrongful termination.

If you have an employment agreement with the employee, you will need to follow the provisions governing that agreement.  However, the majority of employees are employees at-will and therefore the following steps and procedures are highly recommended for employers.