Maine Key Employee Notice

State:
Multi-State
Control #:
US-280EM
Format:
Word; 
Rich Text
Instant download

Description

A company may use this form to advise an employee that he/she will not be reinstated to his or her prior position at the conclusion of his/her

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FAQ

A key employee is an employee with major ownership and/or decision-making role in the business. Key employees are usually highly compensated either monetarily or with benefits, or both. Key employees may also receive special benefits as an incentive both to join the company and to stay with the company.

If the employee does not provide the employer with sufficient notice of resignation, the employee may be liable to pay the employer damages for wrongful resignation. A resignation must be voluntary. The resignation must objectively reflect an intention to resign or conduct evidencing such an intention.

What Happens If You Don't Give 2 Weeks' Notice? You could break the provisions of your contract, and that could have legal repercussions. If you have no choice, then notifying your employer and giving as much notice as possible (or perhaps even working out a new deal) can potentially make the fallout less serious.

Typically, when an employer hires a full-time replacementrather than a temporary workerwhile an employee is taking FMLA leave, the employer must still reinstate the employee to an equivalent job with the same pay, benefits and prestige and substantially similar job duties.

5% owner test: An individual is a key employee if he or she owns more than 5% of the company sponsoring the plan. 1% owner test: An individual is a key employee if he or she owns more than 1% of the company sponsoring the plan and receives actual compensation of more than $150,000 for the year.

The key employee exception to reinstatement places a difficult burden on the employer to meet the standard of a substantial and grievous economic injury and provide related timely notices.

What is an Employee Wage Notice? Employee wage notices often fall under the heading of Wage Theft. Wage notices are provided to employees to ensure their expected pay is not different from what was originally noted by employer.

This bill requires all employees to give 2 weeks' notice 42 prior to quitting and employers, including the State and the Legislature, to give 2 weeks' notice prior to terminating an 44 employee.

Maine employers and employees work under a system called "employment-at-will." This means that you are free to quit your job whenever you want. Your employer is also free to fire you for any reason or no reason at all. The only limit is that your employer cannot fire you based on discrimination or retaliation.

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.

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Maine Key Employee Notice