Termination of employment

“ IN GENERAL- For the purposes of the COBRA continuation provisions, in the case of an individual described in subparagraph (C) who did not make (or who made and discontinued) an election of COBRA continuation coverage on the basis of the reduction of hours of employment, the involuntary termination of employment of such individual after the date of the enactment of the Jobs for Main Street Act, 2010, shall be treated as a qualifying event. ”

“ Employment termination, in the same manner as is meant in clauses (3) and (5) , is done without the decision of an industrial relations conflict resolution institute.
(7) The entrepreneur is required to pay the worker/laborer whose employment was terminated, in the same manner as is meant in clauses (3) and (5) , employment appreciation pay 1 (one) time the stipulations in Article 156, clause (3) and right replacement pay according to the stipulations in Article 156, clause (4) . ”

“ Acting under the authority of § 10 (c) of the Act, which provides that when an employer has been guilty of an unfair labor practice the Board can 'take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this Act,' [8] the Board then ordered the company to reinstate the discharged workers to their previous positions and to make them whole for losses resulting from what the Board found to have been the unlawful termination of their employment. ”

“ He was also informed that his 'active service' had already been terminated and that unless sooner recalled to duty he would be separated for reduction in force at the end of his one-year furlough period.
The civil service regulations said to require termination of petitioner's active service divide government employees into three main groups-A, B, and C. Group A, which has the highest priority for retention, is composed of 'permanent employees'; groups B and C are composed of employees with limited tenures of employment. ”

“ In analyzing the status of the bargaining lockout under §§ 8 (a) (1) and (3) of the National Labor Relations Act, it is important that the practice with which we are here concerned be distinguished from other forms of temporary separation from employment. No one would deny that an employer is free to shut down his enterprise temporarily for reasons of renovation or lack of profitable work unrelated to his collective bargaining situation. ”

“ For illustration, factory workers are customarily employed at will, without obligation of employer or employed to continue the relationship when the day's work is done; or, if there is an agreement fixing salary or wages per unit of service, at so much per day, week or month, there may be an indefinite employment terminable by either party at the end of any unit period. ”

“ And in more recent labor cases it has been found that the line between prohibiting a man from leaving his employment, even under peculiar circumstances, and ordering him to proceed with his contract of employment and to carry it out, is extremely fine, if not indistinguishable. ”

“ But to require these employees first to suffer the hardship of a discharge is not only to make them incur a penalty; it makes inadequate, if not wholly illusory, any legal remedy which may have. [3] Men who must sacrifice their means of livelihood in order to test their rights to their jobs must either pursue prolonged and expensive litigation as unemployed persons or pull up their roots, change their life careers, and seek employment in other fields. ”

“ A suit by an employee, who seeks to hold a labor union liable for seeking his discharge by threatening to strike unless his employer discharges him, stands on a different footing from a mere effort by a labor union to persuade employees to leave their employment. ”

“ From the beginning the Board has recognized that a worker who has obtained equivalent employment is in a different position from one who has lost his job as well as his wages through an employer's unfair labor practice. In early decisions, the Board did not order reinstatement of workers who had secured such equivalent employment. ”

“ The courts of appeals have generally assumed that a complete cessation of business will remove an employer from future coverage by the Act. Thus the Court of Appeals said in these cases: The Act 'does not compel a person to become or remain an employee. It does not compel one to become or remain an employer. Either may withdraw from that status with immunity, so long as the obligations of any employment contract have been met.' 325 F.2d at 685. The Eighth Circuit, in National Labor Relations Board v. ”

“ As noted above, plan termination is the insurable event under Title IV. Plans may be terminated "voluntarily" by an employer or "involuntarily" by the PBGC. An employer may terminate a plan voluntarily in one of two ways. ”

“ The constitutional right of the employer to discharge an employee because of his membership in a labor union being granted, can the employer be compelled to resort to this extreme measure? May he not offer to the employee an option, such as was offered in the instant case, to remain in the employment if he will retire from the union ”

“ But an authority to order reinstatement is not an authority to compel the employer to instate as his employees those whom he has never employed, and an authority to award 'back pay' to reinstated employees, is not an authority to compel payment of wages to applicants for employment whom the employer was never bound to hire. ”

“ We think this is so, because, singular as may be the conclusion that since employees enjoy the right to leave, with pay, they are therefore entitled to extra pay without leave, we think it is far more singular to conceive that one who is engaged for a temporary employment, say for a day or a week or a month or so, comes within the purview of the statutes providing for annual leaves of absence. ”

“ The overtime provisions of the Act, § 7, 52 Stat. 1063, 29 U.S.C. § 207, 29 U.S.C.A. § 207, apply only to those who are 'employees' and to 'employment' in excess of the specified hours; § 3 (g) , 29 U.S.C. § 203 (g) , 29 U.S.C.A. § 203 (g) , provides that "employ' includes to suffer or permit to work.'
Here, too, the employer interprets former opinions of the Court as limitations on the Act. ”

“ It declares that the employee has the right to engage in collective bargaining, and it says, 'Mr. Employer, you must keep your hands off; you shall not use that effective power of dismissal from employment which you have and destroy the organization of the employees by the dismissal of one or more of your employees when they are objectionable on no other ground than that they belong to or have organized a labor union. ”

“ Any employee who engages in a strike within the sixty-day period specified in this subsection shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 8, 9, and 10 of this Act, as amended, but such loss of status for such employee shall terminate if and when he is reemployed by such employer. ”

“ The Court seizes on ambiguous materials to impute to Congress approval of that philosophy. I would resolve the ambiguity in favor of the employees. I would read the proviso as meaning that nothing less than four-year employment protection to every employee would satisfy the Act, though not necessarily a four-year protection in his old job. In a realistic sense a man without a job is 'in a worse position with respect to' his 'employment,' though he receives some compensation for doing nothing. Many men, at least, are not drones; and their continued activity is life itself. ”

“ Severance pay and other contract terms governing discharge are of obvious concern to all employees, and a potential cause of dispute so long as any employee maintains a continuing employment relationship. Only in the situation in which no employees represented by the union remain employed, as would be the case with a final and permanent plant shutdown, is there no possibility of a work stoppage resulting from a severance-pay claim. ”

“ Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965, a State providing unemployment insurance required recipients to accept suitable employment when it became available or lost the benefits. An unemployed lady was offered a job requiring her to work Saturdays but she refused because she was a Seventh Day Adventist to whom Saturday was the Sabbath. ”

“ The answer that the common law makes to the hardship of requiring the employe to assume all consequences, both personal and pecuniary, of injuries arising out of the ordinary dangers of the occupation, is that the parties enter into the contract of employment with these risks in view, and that the consequences ought to be, and presumably are, taken into consideration in fixing the rate of wages. ”

“ On one view of the matter, it can be argued that the question whether there is to be a job is not a condition of employment; the question is not one of imposing conditions on employment, but the more fundamental question whether there is to be employment at all. However, it is clear that the Board and the courts have on numerous occasions recognized that union demands for provisions limiting an employer's power to discharge employees are mandatorily bargainable. ”

“ Rather, appellants' sole contention is that no compensation plan is adequate unless it is based on the premise that all the employees currently on the payroll remain in the surviving railroad's employ for at least the length of their previous employment up to four years. Appellants do not say that every employee must remain in his present job, but they do insist that some job must remain open for each one. ”

“ The most vital section of the Act relating to labor disputes is Section 20, which says "that no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor or from recommending, advising, or persuading others by peaceful means so to do ”

“ Workmen's compensation, hours and conditions of labor are cold, consolations, if there be no employment. ”

“ The foreman stevedore then selects from the 'shape' such men as he desires to hire, to work until 'knocked off', that is, told to quit. The selection of a man from the shape carries with it no obligation on the part of the employer concerning any specified length of employment, except for work requirements of the Collective Agreement relating to minimum hours under specified conditions. ”

“ The term 'labor dispute' includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. ”

“ The Destitution Authority, having no means of ascertaining whether or not situations are available, and no opportunity of experimenting upon the personal willingness of its patients to accept and retain wage-earning employment, can never sift out the voluntary from the involuntary unemployed. ”

“ There is no real analogy between the relief that is very properly granted to such workmen in their destitution, and the pensions—largely of the nature of deferred pay—that are given by the State or by private employers, under the terms of distinct contracts, and for specific services duly rendered, to those who have entered into their employment and placed themselves under their control. ”

“ The laws just treated relate almost entirely to acts either of employers or of employés, but there is another form of law, namely, that providing for action to be taken by others in the effort to prevent working people from losing employment, either by their own acts or by those of their employers, or to Arbitration and conciliation. settle any differences which arise out of controversies relating to wages, hours of labour, terms and conditions of employment, rules, &c. ”

“ By its terms § 510 protects plan participants from termination motivated by an employer's desire to prevent a pension from vesting. Congress viewed this section as a crucial part of ERISA because, without it, employers would be able to circumvent the provision of promised benefits. ”

“ He must risk union disfavor by dividing his efforts between a labor dispute and a search for a new job. He must realize, alth ugh his natural suppositions are otherwise, that he will probably not endanger seniority rights or chance of reinstatement by accepting other employment. He must be able to decide when he has made sufficient efforts to secure other employment notwithstanding that he is not told whether he can or must accept any job no matter where it is or what type of employment, wages, hours, or working conditions. ”

“ Nor need a law framed on the lines of that under consideration confine the compensation narrowly to typical cases, where it is confined, as here, to cases actually arising in the course of gainful employment, and due to inherent hazards of the occupation. Second group 45 applies impartially to all employers who come within the descriptive terms; the employment of 'four or more workmen or operatives regularly' is treated as the nucleus of a business probably involving personal hazard to some of those employed ”

“ Some of the states have now fairly complete statutory enactments concerning labour disturbances, while others have little or no legislation of this class. The Labour disputes. right of employés to strike for any cause or for no cause is sustained by the common law everywhere in the United States. Likewise an employer has a right to discharge any or all of his employés when they have no contract with him, and he may refuse to employ any person or class of persons for any reason or for no reason. ”

“ Under this act the maximum term of the labour contract is fixed at four years, and a minimum monthly wage is laid down, the payment of which, however, is contingent on the completion of a daily task by the labourer. Labourers under contract deserting are liable to fine and imprisonment, and, subject to certain restrictions, may be arrested without warrant by their employers. ”