Ask Amy: Brother's rantings have natural consequences
Now we are in a standoff situation, with me refusing to fire the employee, and the employee refusing to work and refusing to quit (because then they wouldn't be eligible for unemployment benefits).
What's your take on this?
-- Employer
Dear Employer: It seems to me that if the employee is cashing paychecks AND unemployment checks, this would be grounds for termination "for cause," which would then disqualify them from receiving unemployment.
This is from an article in the National Law Review: "That employer must consider whether the employee's refusal [to work] is reasonable in light of the measures taken to mitigate the risk of COVID-19 in the workplace, whether the employee has a covered disability that must be accommodated, and whether the employee is entitled to leave under multiple layers of leave laws. This is a complicated analysis, and employers are well-advised to involve employment counsel to assist them at the outset."
Dear Amy: You asked how people were spending time productively during our national confinement: I took up genealogy. Talk about a fascinating way to spend these long days!
-- Satisfied
Dear Satisfied: Every leaf on every branch of every family tree contains a story. This is a really nice "legacy project." Good for you.
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(You can email Amy Dickinson at askamy@amydickinson.com or send a letter to Ask Amy, P.O. Box 194, Freeville, NY 13068. You can also follow her on Twitter @askingamy or Facebook.)
