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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11876
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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One of my employees has been with the company for 4 or 5 years.

Resolved Question:

One of my employees has been with the company for 4 or 5 years. Our company was in CO and this employee is in CO. The company moved to Dallas TX 3 years ago. I still keep her working in her home in CO. She just had a baby about a year ago. She said someone will take care of the baby at home while she works during business hours. But I could hear baby noise in the background when I called her and she has been lacking on her job lately. Is this a reason to terminate her? Or will she be getting unemployeement?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service, Thank you for your question,

 

 

1. What kind of work does she do for the company ?

 

2. Does she complete her assignments on time for you ?

 

3. Is there anything lacking in her work ?

 

 

 

Thank you and I look forward to your reply,

 

 

ANDREA

 

 

 

Customer: replied 1 year ago.

She does logistics for me. Book shipments, coordinate with drivers, trucking company, my customers. Do documents. All with phone and computer. We provided the computer and paid for the internet phone strickly for the company business, reimnurse her 1/2 of interest cost and some of her rent.


 


There were delay on few of the assisgements recently and it might cost me some money. She forgot to do some of the things. I want to say there is about 10~15% off what she needs to do and to do it on time.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Judy, Thank you for the additional information,

 

You can terminate the employee, but you should take some precautions so that you are not accused of discriminating against the employee because of having a baby. It would be the same precautions an employer would take if they were terminating an employee who returned after taking unpaid leave under the Family and Medical Leave Act ("FMLA").

 

In order to protect yourself, you should notify the employee in writing and say something like the following,

 

" that she has not been completing her assignments on time, nor have the assignments been done correctly all of which have cost the company a substantial amount of money. When this 'work at home' arrangement was made, it was with the understanding that all deadlines would be met and that all assignments would be up to the well established company standards. Unfortunately, she has not met the deadlines and standards and that you, reluctantly, must terminate her employment with the company.........etc."

 

By citing specific reasons for terminating the employee, you are protecting yourself and the company from any accusations that the termination was based on any type of discrimination. By the same token, by citing these reasons for termination, you are stating that the termination was for "cause" which would prevent this employee from receiving unemployment compensation benefits. If you wanted this employee to receive unemployment compensation benefits, your letter to her would state that her position was being "phased out". This would not be for "cause", thereby making her eligible to receive unemployment compensation benefits,

 

_________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Customer: replied 1 year ago.

Once I terminate her, I will still have to find a replacement. then I will hire one in Dallas not Denver. Will she use this as relocating her position and get unemployement benefit?

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Judy, Please accept my apology for the delay. The site has been experiencing some technical difficulties which would not permit the Experts to re-enter a question to post our Answers,

 

If you tell her that she is being terminated because you want someone in Texas, then she will be able to file for unemployment compensation benefits. If, however, you terminate her for cause, using the mistakes in her work product and handing in assignments late, then she would not be eligible for unemployment compensation benefits,

 

_____________________________________________________________________

 

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11876
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 2 other Employment Law Specialists are ready to help you

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Andrea, Esq.
Andrea, Esq.
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25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.