That’s true in the US too. If someone is fired without cause, the company has to pay unemployment.
I’ve been the manager of completely shitty, toxic people who cause harm to the company and lead to massive turnover of other staff, but was unable to fire them because they showed up on time and met dress code, and corporate wasn’t gonna pay for unemployment.
All 50 states. At will employment makes it legal to fire people, but it doesn’t relieve the employer of the requirement to provide unemployment if the employee is terminated without cause.
It just means they can’t be forced to keep an employee on staff.
Exactly. Usually to fire someone justly for a reason like this, the employer needs a trail of documented incidents, feedback, and coaching. There needs to be an effort by the employer to provide opportunity and resources to improve conduct. Then if the employee does not follow through or continues to show less than adequate performance, there is a better case for termination
Do you have to pay unemployment if they’re fired with cause? Because I’ve definitely seen (and experienced) constructive dismissal over some very petty things.
No. But aside from failure to show up on time or theft it can be hard to document cause.
Constructive dismissal is an employer trying to get an employee to quit specifically to avoid having to show cause. If the employee quits, then the burden of proof is on them, not the employer.
What I meant is that I’ve seen people written up for vaping ~2 feet too close to the back door or showing up <5 minutes late or any number of other frivolous things in hopes of avoiding unemployment payments.
Of they can show that they’re not being treated the same as other employees who are making the same minor mistakes that may be able to claim unemployment.
That’s true in the US too. If someone is fired without cause, the company has to pay unemployment.
I’ve been the manager of completely shitty, toxic people who cause harm to the company and lead to massive turnover of other staff, but was unable to fire them because they showed up on time and met dress code, and corporate wasn’t gonna pay for unemployment.
Only in some states
All 50 states. At will employment makes it legal to fire people, but it doesn’t relieve the employer of the requirement to provide unemployment if the employee is terminated without cause.
It just means they can’t be forced to keep an employee on staff.
Massive turnover and being toxic should be a good cause?
“Being toxic” is hard to define in an employee handbook.
“We don’t like you” isn’t not considered good cause for termination. It’s 100% legal to fire someone for that, but they get to claim unemployment.
Exactly. Usually to fire someone justly for a reason like this, the employer needs a trail of documented incidents, feedback, and coaching. There needs to be an effort by the employer to provide opportunity and resources to improve conduct. Then if the employee does not follow through or continues to show less than adequate performance, there is a better case for termination
Not if the massive turnover is because nobody wants to work with the toxic jackass who is immune to being fired.
Do you have to pay unemployment if they’re fired with cause? Because I’ve definitely seen (and experienced) constructive dismissal over some very petty things.
No. But aside from failure to show up on time or theft it can be hard to document cause.
Constructive dismissal is an employer trying to get an employee to quit specifically to avoid having to show cause. If the employee quits, then the burden of proof is on them, not the employer.
Apologies, I guess my terminology is incorrect.
What I meant is that I’ve seen people written up for vaping ~2 feet too close to the back door or showing up <5 minutes late or any number of other frivolous things in hopes of avoiding unemployment payments.
Of they can show that they’re not being treated the same as other employees who are making the same minor mistakes that may be able to claim unemployment.