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eokuyama, 弁護士
カテゴリ: アメリカの法律
満足したユーザー: 161
経験:  NY州弁護士。米国公認会計士。監査法人、弁護士事務所を経て、現在、Ladas & Parry LLP(知的財産法)のOf Counsel。また、個人で、日本語で、気軽に、相談できる、アメリカ法全般、ビジネス・ロー全般を扱う事務所を経営している。
ここに アメリカの法律 に関する質問を入力してください。

Our Local company is located in Tennesses USA. Facts: October


Our Local company is located in Tennesses USA.
October 22,2012 (Monday morning), before the audit, he reported to the vicepresident about his embezzlement.
He spended company money on his entertainment expenses from December 2010 to September 2012.
His entertainment expenses are such as GAS, HOTEL, DINNER, etc.
The total amount of money is $ 15,783.87.
When reported, Vice president was requested storongly not to lay off the company.
On Oct 26, he refunded all money he spended.

However, company decided as follows:
He will be fired without complaint.

Making a disposition such that he was more than 10 years working in the company,
it was reported by himselves, and the fact that the return of money)

How to notice of dismissal:
Predisent is now in Japn.
So, President will tell him the decision by ineternet TV on the conditions as follows.
1 giving period before the end of the year to find next Job
2 company not reveal this facts to others.

Is there no problems such kind of dismissal. (the way to be fired.)
We shoud to leave in writing something to him.
In case of it, what is the writing of it? How to write of it.
It depends on the situation. If the person who embezzled company's money has been working for the company without any written contract, or clearly falls "at will" employment, probably there would be no problems in such kind of dismissal. Even he returned the money, the fact which he once embezzled company's money can be a cause for firing him from is employment.

If there is a contract, you shuold follow the rule defined in the contract.

I strongly recommend you to receive release from this employee to be fired when he will be notified his dismissal from his position. This release should include the two conditions you mentioned "giving some (salary) period" and not revealing this fact to others including potential next employer.

The salary extension is usually called severance payments. Look like he worked for your company more than 10 years, so I believe 10 weeks or more of severance payments would be approriate for this employee's case.

The release is the letter which states that the employee would not sue the company based on this dismissal from his position and his employemnt with your company.
Example can be found in internet, if you google "employee release letter."

I hope this would be enough information for you.

Eiji Okuyama
質問者: 返答済み 5 年 前.

奥山弁護士様 ご丁寧な回答有難うございました。現地の弁護士に相談するにも言葉とかニュアンスの問題もありちゅうちょしていました。また、ご相談することがあれば御連絡しますのでよろしく御願いいたします。 平田




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