Firing

Impartiality required when firing bias complainant

06/14/2018

Trying to fire a worker who has made discrimination claims against her supervisors? Think about assigning an impartial fact-finding decision-maker before you discharge.

Wrongfully termination? Do the math before deciding not to take employee back

06/12/2018

When an employer is found to have discriminated against a worker who was terminated, two big questions arise: whether the remedy will be reinstatement or payment of so-called front pay—the amount the employee would have earned had he not been fired.

Always consult attorney before terminating employee who filed whistleblower complaint

05/30/2018

Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.

How to legally deal with an employee’s post-termination ‘vent letter’

05/25/2018

“Vent letters” are becoming more prevalent in the modern workplace. Here are some tips to help deal with this new trend, from attorney Adam Bartrom of Barnes & Thornburg.

Public policy interest may prevent reinstatement of rogue police officers

05/16/2018

When Minnesota public employees are reinstated following arbitration of a disciplinary case, the employer may still move to prevent reinstatement under the concept of public policy interest. That’s especially true for law enforcement employees accused of using excessive force.

Foreign subsidiary? Litigation may have to be overseas

05/09/2018

An employer with operations in another nation may be able to push any employment-related litigation away from the United States even if some decisions were made in the United States at, for example, corporate headquarters.

He who does the hiring should also do the firing

03/13/2018

If possible, the same manager who made the hiring decision should also make the firing decision. That’s because presumably a manager wouldn’t hire someone knowing they belonged to an obvious protected classification and then turn around and fire that person because of that status.

Good records get lawsuits dismissed fast

02/14/2018

Employers that have well-documented business reasons for every discharge typically win lawsuits that allege discrimination. Good records force employees to prove that an allegedly legitimate reason for firing was a pretext for covering up discrimination.

OK to add more reasons for termination, as long as they’re consistent with first rationale

02/14/2018

Some former employees who sue over alleged discrimination try to discredit their employers’ explanations for discharge. Even so, employers have a great deal of flexibility about how they explain the reason an employee was fired.

Note firing for straw that broke camel’s back

02/07/2018

Former employees who sue over their discharge sometimes try to use their employers’ shifting explanations for the termination as evidence that they were fired for discriminatory reasons.