| LABOR UNDER FIRE [email protected] |
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| Full-Time, Part-Time, Contingent, Temporary, Labor Day Employment |
| Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems present to a considered legal action. Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems. Labor Under Fire conceders the employer to already to have an attorney on retainer. |
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| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation";. Feb. 11, 2003 By Anthony M. Streckfuss |
| BAD FAITH DISCHARGE |
| (LUF Note: Unless you are and attorney in labor law I doughty that is idea of bad faith in employment would have accorded to you. I had never heard of it till I started compiling data for Labor Under Fire. I think you will find this article informative and necessary for rereading. * *** Bad Faith a condition of Wrongful Discharge Published 05/07/02 If a worker complains to her employer that she believes she is being unlawfully treated and as a result she is fired, the employer may be monetarily liable for wrongful discharge. A worker may establish a wrongful discharge claim if she alleges and proves that: (a) the termination of the employment was motivated by bad faith, retaliation, or malice; and (b) that she was terminated for performing an act that public policy would encourage or for refusing to do something that public policy would condemn. Hamblett&Kerrigan |
| (LUF Note: Even though this is a Canada article it is good to note that the U. S. is not the only country who has labor problems similar to our own. In the long hall it will the employee of tomorrow who will be the economic indicator for the world. All we have to do is to be like duck's, lead, follow or get out of the way so the job can get done. * ** *** "Fairly, Reasonable and Decently": Employers Obliged to Deal in Good Faith With Dismissed Employees, Supreme Court Rules In the July 1997 issue of FOCUS we noted that, in three separate cases, Courts of Appeal across Canada had awarded hefty wrongful dismissal damages to employees whom the courts considered were poorly treated at the time of their termination (see "False Allegations when dismissing employees lead to lager damage awards" on our Publications page). Emond&Harnden |
| (LUF Note: Yes I know they are talking insurance in this article, but I thought if we could bring the concept over into labor it might put a little more light on the subject of Bad Faith Discharge Consult with an attorney.) *** **** Bad Faith Basics By Timothy W. Monsees "Bad faith is a state of mind, indicated by acts and circumstances, and is provable by circumstantial as well as direct evidence." Bad faith liability comes from the contract principle of good faith and fair dealing. This is an implied covenant, which sets out and governs every duty the insurer has towards the insured. Monsees,Miller,Mayer,Presley&Amick |
| (LUF Note: Short but sweet, gets write to the point and I think the author chose an excellent example to set their case.) * Bad Faith Limitations on Firing Let's assume an employer fires and employee who is about to close a sale that will entitle her to a substantial commission. Assume also that the firing violates no federal or state statute, public policy provision of an express or implied employment contract. Can the fired employee successfully sue for wrongful discharge if the employer's sole reason for firing her was to avoid having to pay the commission? HRTools |
| LUF Note: Here again we have an author using employees as the bad guy's because the employer crossed the line of honesty and or decency and is trying to help close or even narrowing the gaps to give the employer all of the Aces in the deck.) * *** Implied Employment Contracts You may be surprised to learn that a fired employee may be able to sue you for violating the terms of an employment contract that you didn't even know existed. As a matter of fact, employers in virtually every sate have been forced to incur tremendous legal costs in defending and paying damage award in connection with lawsuits brought under so-called "Implied" employment contracts. HRTools |
| State By State Firing Restrictions Many states have their own versions of civil rights law, and impose them on employers who are told to be covered by the federal antidiscrimination laws. The state laws that govern the hiring process of firing and termination as well. HRTools |
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| ************************************************* How the following stories and articles rate by LUF: * A must read for the employee easy to understand and read ** Helpful but needs something more *** You will have to reread to follow **** This will puts you to sleep, dry boring ***** Time to go to college ************************************************* |