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WE HAVE A MED TO SMALL ASPHALT COMPANY AND IN THE

WE HAVE A...
WE HAVE A MED TO SMALL ASPHALT COMPANY AND IN THE OFFICE IS THE OWNER, PROJECT MANAGER/ ESTIMATOR AND THE BILLING OFFICE MANAGER. THE COMPANY IS HAVING FINACIAL DIFFICULTIES SO ABOUT 3 MONTHS AGO THE OWNER DECIDED TO TRY AND KEEP PAYING THE MEDICAL INSURANCE A 100 %BUT HE DROPPED THE DENTAL INSURANCE HE ALSO PAYS, NOW WHEN HE WAS SIGNING THE PAYROLL CHECKS YESTERDAY HE NOTICED THE OFFICE MANGER GAVE THE PROJECT MANAGER MONEY ON HIS CHECK UNDER DENTAL WITH OUT TALKING TO THE OWNER WHO MAKES THE MONEY DECISIONS. WE WOULD LIKE TO KNOW IF THIS IS HAS LEGAL GROUNDS FOR LETTING THEM BOTH GO? NOTE THERE IS NO WRITTEN CONTRACT THAT THE OWNER HAS TO PROVIDE ANY INSURANCE TO THE EMPLOYEES.
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Answered in 9 minutes by:
10/17/2013
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,433
Experience: Employment/Labor Law Litigation
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Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Does either employee have a contract of employment stating that they can only be terminated for cause?

What is the size of the company? How many employees?
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Customer reply replied 4 years ago


no there is no contract , about 15 employees or less

Ok.

If neither has a contract, they can be terminated with or without cause in your state. This is called "at will" employment, so the basis for termination would legally be sufficient here, as the employer doesn't legally even need a reason.

Now, if the employer also wants to try and block unemployment, that will be a little more difficult for the person receiving the dental pay. You'd need some indication that they knew they were receiving money that they should not and they were intending to defraud the employer.

The person that granted the dental pay, the employer would have an easier time of blocking that person's unemployment.

There would be no legal concerns though based just on the terminations themselves.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,433
Experience: Employment/Labor Law Litigation
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Experience: Employment/Labor Law Litigation

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