(11-12-2017, 10:12 PM)TJBender Wrote:

(11-11-2017, 10:13 PM)Sneakers Wrote: You're exactly right about at-will employment.  An individual can be terminated at any time for any (non-discriminatory) reason.  That being the case, a public gesture such as giving the President the finger, isn't a very bright thing to do.

There's a right way to do it and a wrong way to do it. If an employer feels the need to get rid of that employee, the right way to do it is wait a couple weeks, take responsibilities away, make their days more and more miserable, and if they haven't quit on their own in a month or given you bulletproof cause to fire them (the watercooler is a dangerous place), just unceremoniously eliminate their position, wait a month, invent a new title for the same job and go hire someone. You're stuck paying unemployment, sure, but sometimes unemployment is a whole lot cheaper than dealing with a labor attorney who thinks he's going to get Labor Day renamed after himself by bending you over a chair. It's not hard to make a problem employee go away without having to tiptoe around the disciplinary process or deal with litigious questions about why.

You’d pay an employee several weeks worth of money while slowly decreasing their productivity all in an effort to fire them more discretely? She violated her contract? If they retain her then they give her grounds to argue that it wasn’t in violation of the contract since they kept her for weeks / months. Besides, there’s nothing to argue here. If she chooses to contest this in court, there’s nothing they could’ve done to avoid it.

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