October 1999

WIN AT WORK MONTHLY

 

 

A Community Service of

DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys

 

 

Win At Work

 

AT-WILL EMPLOYMENT HAS EXCEPTIONS

 

            “You’re fired!  For any reason or no reason, you’re an at-will employee and I’m the boss.” 

            Have you heard that before?  Do employers really have that power?

            You may not like to hear it, but they do.  They can fire you for any reason or no reason.  But with two important exceptions. 

            First, there must be a good reason for firing you if they said there would be.  This is the “contract” exception.  Did they make express or implied promises of fairness or progressive discipline?  Did they follow the procedure in the employee handbook?  Have their past practices with other employees been different? 

            Second, they have no right to use an illegal reason for firing you, such as discrimination, retaliation for reporting illegalities, or refusing to participate in them.  This is the “public policy” exception.  Laws protecting you from these wrongs can’t be waived. 

            Don’t blindly accept your employer’s version of rights in the workplace.  Correctly evaluate your own. 

 

 

Employee Rights Update

 

LEGISLATION MAY MAKE EMPLOYMENT DISPUTE RECOVERIES NON-TAXABLE

 

            We have been intensely lobbying for passage of HR 1997, a bill to make employee rights recoveries non-taxable. 

            It is supported by Republicans and Democrats alike.  If it passes, employees may save more than 30% or 40% of every settlement that would otherwise go to taxes. 

            Likewise, employers can benefit from this Bill because they can pay less for the employee to net as much or more than what would occur without the Bill. 

            We hear from our lobbyists that the Bill may be attached to either the Budget or the Minimum Wage proposals and could pass this year! 

            Please send a letter to the Honorable Bill Archer, U.S. House of Representatives, Washington, D.C., 20515.  He leads the committee evaluating this Bill. 

            Tell him how you have been or would be damaged by this unfair taxation.  Please recommend that he support it. 

            Finally, send me a copy of any letter you send to him so I can inform our lobbyists in Washington.

 

Look for answers by Don D. Sessions, employee rights attorney, to employees’ questions in the "Shop Talk" column of the Sunday Business Section of The Los Angeles Times and the "Business Monday" Section of The Orange County Register. Click here to add
(or here to delete ) your E-mail address to or from our monthly mailing list. For more employee rights information, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including LA Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©1999 by Don D. Sessions.