Wednesday, July 7, 2010

Sleeping on the Job Constitutes Good-Cause for Termination

In Williams v. Solvay Chemicals Inc., the Tenth Circuit Court of Appeals, the federal court having jurisdiction over Utah, ruled that an employee who was terminated for sleeping on the job did not have a claim against his employer even thought he had an employment contract that only allowed for termination for good cause.  The court, applying Wyoming law, ruled that the company had a good faith belief that the employee could be terminated for sleeping on the job and that the stated reason for the termination was "applied in good faith." 

Union Fairly Represented Union Employee in Grievance Hearing

The Tenth Circuit ruled in an unpublished decision today that a union member did not have a claim against his union for violating the duty of fair representation.  In Menges v. ABF Freight System, Inc., the court ruled that, although the union agent representing an employee in a grievance hearing after the employee was terminated may have had a grudge against the employee, the agent acted reasonably in the representation.  The court dismissed the employee's claims that the agent attempted to sabotage his case, that the agent failed to present certain evidence, and that the agent failed to keep out certain evidence presented by the employer.

Friday, July 2, 2010

Are You Verifying Employment Eligibility?

As of July 1st, all employers who employ more than fifteen employees are required to register with a "status verification system," or an E-Verify system operated by the federal government to verify the federal legal working status of any individual who is a newly hired employee.  The requirement is a provision found in Senate Bill 251 which was passed by the legislature in its last legislative session.