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Making An Employee Quit Georgia

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  • Making An Employee Quit Georgia

    I have cut her pay, I have taken accounts of hers so she can't make commission, I have stopped paying for her health insurance, but she still will not quit. I refuse to fire her. Can she go to the Labor Board in Ga and file a complaint?

  • #2
    Why do you want her to quit? Why do you refuse to fire her?

    She may have a valid complaint with the Federal DOL if you cut her health insurance in violation of the plan document. And if you cut her pay and commissions enough she may be entitled to unemployment even without being fired. So I hope your reasoning is good because you may find your strategy backfiring on you.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      It depends on what you are trying to accomplish. You (mostly) have a legal right to terminate someone. You generally do not have a legal right to make someone quit. If your employee posted their side of the issue here, they would be advised to:
      - Not quit, as this action serves no useful purpose from the employee's standpoint.
      - File for UI if wages have been sufficently reduced. It is generally not necessary for the employee to be formally terminated for an employee to be eligible for UI.
      - If the employee felt that they were due wages, they would be advised to file a wage claim or court action.
      - Depending on the facts, the employee might also be advised to file a complaint with federal DOL on the loss of their health insurance, and probably state that the employer is in violation of their own plan rules. (The only way the feds can determine this is not true is basically to audit the employer).

      Sometimes it is easier to just terminate someone.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        And if I may, that's a terrible way to manage your employees. If the employee should be fired, fire her. What's the problem? She's just going to become a worse employee than she is now.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Joe, or whoever you are, while I applaud your sentiments, let's be careful of the language even disguised, shall we?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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