14.60 Elements of Defense: Exception to Job Restoration (Key Employee) is a defense to a claim for wrongful termination. This defense applies when an employer has terminated a key employee due to a business necessity. The employer must prove that the termination was necessary for the business to remain competitive or viable. This defense may be used in cases where the employee was considered essential to the company's success, such as a salesperson or executive. The employer must also prove that no other reasonable alternatives existed and that the employee's conduct or performance was not the cause of the termination. Different types of 14.60 Elements of Defense: Exception to Job Restoration (Key Employee) may include: 1) Business Necessity Defense; 2) Necessary to Remain Competitive; and 3) No Reasonable Alternatives.
14.60 ELEMENTS OF DEFENSE: EXCEPTION TO JOB RESTORATION (Key Employee)
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FAQ
Key Employees and Their Rights. Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.
Key employees Business owners holding more than 5% of the stock or capital, or. Owners earning over $150,000 (not adjusted for inflation) and holding more than 1%.
What is a key employee? Under FMLA statutes, a key employee is defined as a salaried employee who is among the highest-paid 10 percent of all workers employed by the employer within 75 miles of the employee's worksite.
As defined in FMLA regulation 825.217, "A 'key employee' must be 'among the highest paid 10 percent' of all the employees?both salaried and non-salaried, eligible and ineligible?who are employed by the employer within 75 miles of the worksite.
What is a key employee? Under FMLA statutes, a key employee is defined as a salaried employee who is among the highest-paid 10 percent of all workers employed by the employer within 75 miles of the employee's worksite.
There are several exceptions to the reinstatement right. An employee may be denied reinstatement if: The employee would have lost the job even if he or she hadn't taken FMLA leave (for example, because the employee's department was eliminated). The employee can't perform an essential function of the job.
Key Employees and Their Rights. Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.