SSRCCPREZ
Posts: 462
Joined: 10/23/2004 From: MAnsfield,
MA, USA Status: offline
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quote:
ORIGINAL: F106A I'm curious if Jim Cherry does in fact have the authority to summarily terminate employees without review by other officers/EC of AMA. If so, this is an enormous amount of power for one person to have. I'm Director of HR at a large manufacturing company and no one, including the President/owner, can just fire someone without the action being reviewed, usually by me, of the the circumstances surrounding the incident. Employees are suspended pending a review of the case. It's easier and cleaner to bring someone back from suspension that it is to rehire a wrongfully terminated employee. Obviously, it's important to get all sides of the story and also check to insure there are no legal issues regarding race, sex, age,etc. After the review then appropriate disciplinary action is taken. I'm sure that AMA legal reviewed his contract, and to have included the power to unilaterally fire an employee seems very strange, not to mention the potentional of a wrongful termination lawsuit, but stranger things have happened. Just an aside, I know better than try to get into a discussion with Dion; it's always a losing proposition since none of us know anything about anything as only he has the true knowledge. However, severance pay is used to prevent a wrongful termination lawsuit by an employee against the company. When the employee receives the severance pay package, they sign an agreement that, in consideration of the money, they waive their right to sue. There may or may not be a provision of non disclousre, usually not. BRG, Jon Correct me if I am wrong, but unless the state is something other than an "at will" state, a non-contracted employee can be terminated for any reason whatso ever, as long as it is not race or sex related. I live in MAss, and I as an employer can terminate any employee for any reason I want as long as the employee is an "A Will" employee and I do not terminate based on sex,age, or creed. In other words if I want to fire you so I can hire my friend, I can. If I want to fire you because you are a pain in my butt, I can. I am the president of a coorporation and the siting chairman of the board of directors. I am essentially the ONLY person in the company who cannot be fired. If I termiante a manager or exec VP we typically offer severance to keep the individual quiet, not to avoid a wrongful termination lawsuit. Whic in fact a wrongful termination lawsuit is EXTREMELY difficult to prove and EXTREMELY difficult to get a lawyer to take. The temination has to be so obviouse or aggregiouse or you need someone to actually admit they terminated someone for racial or sexual predispositions....Essentially any employer in a "at will" state can fire at will. It would be up to the termianted employee to prove wrongful termiantion and the very company holds the evidence. Do you know how easy it is to write up whatever I want and stick it into a file...... Wringful termination only holds water in a contractual situation. Jim Cherry has the power, used it and it's over. If you don't like it, contact the DVP's and have them be your voice.
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"I haven't Forgotten"
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