Firing

Fired whistleblower triggers wide-ranging investigation

09/19/2024

An employee of a day care center who raised health concerns about the center’s kitchen will receive $43,295 in back pay. But it may cost the employer far more.

Fair firing: Avoid masking performance issues with layoffs

08/23/2024

A recent survey by ResumeBuilder.com has unveiled a concerning trend in corporate layoff practices: Many layoffs aren’t intended to cut costs; they’re a way to cull poor performers from the payroll.

Firing for social media posts? Not so fast

08/22/2024

As the election approaches, hopefully you have reminded employees that such discussions in the workplace must be respectful. But what about employees who keep politics out of the office and production floor but use social media like Facebook, X and Instagram to comment and share other political commentary? Should you punish such activity if the views expressed run counter to your company’s stand on DEI or other company values?

No, you can’t use high medical costs as an excuse to terminate a sick worker

05/13/2024

A car dealership is out $325,000 and must train managers and supervisors on the ADA and the Age Discrimination in Employment Act.

‘This is a business’: Google CEO fired back and fired protesting employees

05/08/2024

Employees have the right to think whatever they want to think and hold whatever opinions they want to hold. But when employees act on those opinions in a way that disrupts their workplace and their employer’s business, they’ve crossed the line and should be held accountable … not for their beliefs, but for their actions.

Think twice before firing an employee for FMLA abuse

03/20/2024

An employee on FMLA leave for their own serious health condition can’t work for you. This doesn’t consign them to sitting at home until their leave is up, however. A federal trial court ruled that an employee on FMLA leave could have her day in court after she was fired for chaperoning her son’s senior trip to Jamaica.

How to Wipe Out Fraud and Abuse Under FMLA

02/16/2024

The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

When terminations are required, always proceed with dignity

02/09/2024

Sometimes, managers must terminate employees even during good economic times. The reasons are many. An employer may choose to move in a different direction, requiring it to shed workers with skills no longer needed now that the mission has changed. Then there’s the case of the underperforming employees you finally decide to let go. Whatever the reason, managers must understand how to fire with dignity. Here are some guidelines to follow.

Nonunion workforce? How union rules could still trip you up

02/01/2024

The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

01/26/2024

Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination.