Answer

Unfortunately, absent any written contract your husband is an at will employee and the employer does not have to lay him off or do anything if they still want to retain his employment. If your husband voluntarily resigns, then he would not be eligible for unemployment benefits since he resigned his employment without good cause. As far as putting him on a 30 day plan, if they fire him, as they can as an at will employee, even if the company has progressive discipline, he would still be ineligible for unemployment since they are terminating him for cause. His only recourse in that case would be to try to sue the employer for not following their established disciplinary procedures, but still, as an at will employee, the procedures are meant as a guideline and the employer is free to change them.

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Expert:	PaulMJD
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Answered:	2/5/2009

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20+ Years of Employment Law Experience