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7 Jan, 2020

Terminated for Convenience—Now What?

2020-01-06T10:47:30-06:00January 7th, 2020|Construction Contractor Advisor, Construction Contracts, Termination|

Congratulations, you have just been awarded a big contract.  You have beaten out your competition and this project will show case your company’s talents and dedication to the industry.  You have mobilized your crew and you are ready to get to work.  Then you get the notice from the owner that the project is canceled, and you are terminated for convenience.  This is far from convenient for you, but what [...]

11 May, 2015

Suspend the Work, but Don’t Get Fired

2018-04-23T23:55:11-05:00May 11th, 2015|Construction Contractor Advisor, Construction Contracts|

Getting paid for your work is often times one of the hardest parts of a project.  If you find yourself working without getting paid, it’s easy to think, “I’ll just stop working until I get paid.”  While the law may support you in that decision, the contract may not and you may be found in breach of the contract if you walk off the job. Nebraska Law Nebraska courts have [...]

18 Feb, 2014

Contract Clauses—Termination for Non-Payment

2018-04-23T23:55:15-05:00February 18th, 2014|Construction Contractor Advisor, Construction Contracts|

How often do subcontractors continue to work on a project, waiting to get paid? The subcontractor has submitted pay applications, no one is complaining about its work, yet payment is slow. What are the subcontractor's options? Can the subcontractor terminate the contract? Maybe, but, as always, it depend on the contract language. A recent case out of Indiana sheds some light on this very issue. In Ellerman Construction v. Ohio [...]

14 Aug, 2012

What Do Your Ex-Employees Say About Your Company?

2012-08-14T08:00:35-05:00August 14th, 2012|Firing employee|

Terminated employees say the most interesting things. And, given the fallout over the Duke Energy and Progress merger/termination of theCEO of the new company, it doesn’t appear to matter at what the level the employee worked. As many of you may know, Duke Energy and Progress, two North Carolina energy companies, merged after receiving approval from state and federal regulators.  One part of the approval process was an assurance from Duke Energy [...]

15 Dec, 2011

Employees—What Are They Complaining About?

2011-12-15T17:57:17-06:00December 15th, 2011|Firing employee, Nebraska Construction, Retaliation, Termination|

I read an interesting article in the Engineering News Record (“ENR”) about employee whistle blower complaints and a flawed safety culture in a radioactive waste recyclying plant . Here is a link to the article. This article serves as a reminder of the importance of properly documenting and investigating employee complaints. The article discusses an employee’s complaint that he was removed from a facility for raising safety concerns and the snowball [...]

6 Oct, 2011

Severance Agreements – Worth Their Weight in Gold

2011-10-06T15:32:34-05:00October 6th, 2011|Employee, Firing employee|

I have had a number of clients call me in the last few weeks to discuss severance agreements. I think they are worth their weight in gold for any number of reasons. But, the primary reason is that they bring finality to an employee’s departure. A severance agreement is an agreement between the employer and the soon to be ex-employee through which the employee waives any and all claims against [...]

5 Sep, 2011

How Are You Documenting Employee Terminations

2011-09-05T08:24:20-05:00September 5th, 2011|Employee, Firing employee, Retaliation, Termination|

Much as documentation is important in construction projects, it is equally important in employee terminations. When you are considering terminating an employee, you should make sure you have all of your supporting documentation before the actual termination, instead of cobbling together the documentation several months afterwards. As many of you have experienced, an employee disappointed with his or her termination, does not have to sue immediately. The ex-employee often times [...]