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Unemployment – RIF - Plant closing -

Unemployment – RIF - Plant closing - Uniformed Services Employment & Re-Employment Rights Act – Employer Defamation. TN Unemployment - employer. Employ 1 or more employees during some part of 20 weeks.

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Unemployment – RIF - Plant closing -

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  1. Unemployment – RIF - Plant closing - Uniformed Services Employment & Re-Employment Rights Act – Employer Defamation

  2. TN Unemployment - employer • Employ 1 or more employees during some part of 20 weeks. • The weeks do not need to be consecutive, and both full-time and part-time workers are counted.

  3. No Fault of your Own • Cannot Quit • Laid off • Cannot return to work after work injury due to permanent restrictions • Must be able and available to work

  4. What if Fired? • Fired: The employer must prove that a former employee was guilty of willful work-related misconduct. • TN – means must materially interfere with an employer’s business.

  5. Misconduct - Standard • Misconduct connected with their work • Intentional Conducts

  6. Absenteeism/Tardy • TN courts generally hold that absenteeism and tardiness constitutes misconduct • Ct – basic right of employer to expect employees to come to work on time

  7. Insubordination • May fall in gray area. • Davis v. Young – failed to follow supervisor’s instructions on 3 occasions v. • Miller v. Bible – employee left work early although supervisor said he could not. Granted unemployment – first write up

  8. Job Performance • Tn Court generally reluctant to permit employee’s inability to perform a job to defeat his claim for unemployment.

  9. Violation of Company Rules • Kile v. Traughber – Employer had work rule preventing the misuse of company property. Employee wrote some names on the back of a discarded tray she had gotten out of trash can. She accidently put it with the good trays. She was fired. • CT – said must be INTENTIONAL MISCONDUCT – typically not accident.

  10. Severance Pay & Unemployment • Can get both

  11. Military Leave-(USERRA) • Uniformed Services Employment & Re-Employment Rights Act (1994) • Employers – 1 or more employees • USERRA covers EVERYONE who serves uniformed services

  12. Can’t DISCRIMINATION • Forbids discrimination in hiring, retention, promotion, benefits

  13. Must Reemploy • AND must reemploy an employee who was on military leave unless the employer can prove that it would be impossible to reemploy that person. • Impossible – Undue hardship to retrain

  14. SENIORITY • “The returning veteran does not step back on the seniority escalator at the point he stepped off. He steps back on at the precise point he would have occupied had he kept his position continuously during the war.” Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 284-85 (1946).

  15. ENTITLEMENTS • Rate of pay upon reinstatement • Health insurance reinstatement and continuation • Adequate rest, travel, and prep time before and after service • Training after returning to work

  16. Defamation • Slander – Speech Libel- Writing • Must have a publication • Internal communication at employment is not publication.

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