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Firing

Know the NLRA: Unionized or not, labor law applies to you

11/11/2010

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. For example, the National Labor Relations Board recently announced that a nonunionized employer will pay $900,000 to two fired employees to settle charges that it violated the NLRA.

Don’t automatically concede unemployment to top execs

11/11/2010
Not every employee who loses a job through no fault of his own is eligible for unemployment compensation. About 40 job classifications are ineligible—most of them highly compensated or policy-making positions.

Some public employee speech is protected but not speech that’s part of the job

11/11/2010

Some government employees mistakenly believe an employer can’t punish anything they say because the U.S. Constitution gives them the right to free speech. They’re forgetting that free speech has limits. For example, their speech is protected only if it touches on matters of public importance. And it is not protected if the speech occurs as part of their jobs.

When manager slides from difficult to impossible, good documentation supports reason for firing

11/09/2010
There comes a time when you might be forced to conclude that the problem with a department isn’t all those lousy employees, but the person who manages them. If that’s the case, it may be time to terminate the manager.

Promptly fixed problem can’t be grounds for legal action

11/08/2010

Managing a workplace isn’t easy and not every assignment or schedule is completely fair. Employees who complain about something that might otherwise be considered an adverse employment action can’t sue if their employer fixes the problem right away.

Wife’s pregnancy complications warrant granting FMLA leave

11/08/2010
Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Sometimes discrimination claims can bypass the EEOC

11/08/2010
Suppose an employee claims her organization illegally discriminated against someone on the basis of disability—and then the employee is fired. If the employee planned on suing, surely the employer would find out well in advance, because first the employee would have complained to the EEOC, right? Not necessarily.

Establish zero-tolerance policy on violence and threats–but don’t count on backup from courts

11/08/2010

The almost universal employer response to increased workplace violence has been the implementation of so-called zero-tolerance policies. The problem with zero-tolerance rules is that they only work if they’re uniformly enforced. Employers can’t pick and choose which employee’s behavior violates the policy. To do so invites legal trouble, as the following case shows.

Keep good records–they’re the key to winning lawsuits

11/08/2010
Remind supervisors: They can’t be careless about documenting poor performance, tardiness and other indications that an employee isn’t performing as well as expected. Good records provide the basis for valid discipline.

Court shows no patience for litigious ex-employee

11/05/2010
It happens quite often: An employee you fired for rock-solid reasons sues … and sues … and sues some more. Once a former employee gets lawsuit-happy, there’s no telling how far the litigation process will go. But now there’s good news. State and federal courts are tossing out such cases almost as fast as they come in the door. Appeals courts, too.