Elheru Aran wrote:As I understand it, most states will accept even flimsy pretexts as long as they're given at the time of firing, not retroactively. It doesn't help workers that most employers run a fairly lax house on their own workplace rules, so if an employee gets let go, it's an easy enough trick for them to find an example of that employee breaking one of their rules.
If the employee takes it, no one cares. The "problem" is evident when there are enough lawyers willing to work on contingency for clients handled this way. This is how my coworker did: walked into a law office, lawyer took the case, one court visit, coworker got paid, lawyer took most the money. IMHO: this kind of protection should be built into the system, not "go get a lawyer."
Running "lax workplace rules" generally hurts the employer, not the employee. Twice now I've dealt with employees that couldn't be actioned for buying personal effects on company credit because there was no usage policy for the card. Best we could do was write off the loss and report is as "income" for the employee.
For just an example: Saying "we fired him/her for dress-code violations" when you have no dress-code can get you sued for damages. It can get even worse when you get into actioning protected groups without cause or evidence. If you (and this happened) promote a newer white guy over a minority with much more experience based on "performance" and you have no performance tracking.... not good.
We had an employee we brought in to handle some of our compliance writing. After a time, she began delivering less and less and billing fewer hours to a point we're she wouldn't even get a paycheck. Contacting her was difficult to impossible. I picked up the slack and just did the work and we assumed she quit. Then we find she filed an unemployment claim against us, which I consider unfair. We HAD work for her, a lot actually. But my bosses lawyers comment was "just pay it." Such is the nature of small business.
Based on my experience, the "lack of evidence" is nearly always a negative for the employer. I've said this before: Judges, even in shitholes like Texas, do not like employers bullshitting them about workers and offering nothing to back it up.