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Firing

Watch calendar if you plan to fire following FMLA leave

07/27/2010
Employers that fire employees right after they return from FMLA leave run a risk that the timing alone will be seen as proof of retaliation. Unless you are absolutely sure you can convince a judge or jury that the termination is justified, it makes sense to wait a month or so.

Challenge unemployment if firing offense was a crime

07/27/2010

Employee theft is a big problem, and it’s natural for employers that catch workers stealing to terminate them. But some of those thieves may still file for unemployment. Challenge such applications on the basis that the firing offense was punishable as a crime. There’s no need for an actual conviction.

Keep health costs out of the equation when considering hiring and firing

07/27/2010
Before you even consider firing (or refusing to hire) someone because they might jack up your health insurance costs, count your dollars, not your pennies. You may be staring down a lawsuit that could dwarf whatever premium costs you hoped to avoid.

School’s out for summer! But the FMLA doesn’t cover day care

07/23/2010

Believe it or not, some employees are under the impression they can use FMLA leave during the summer months to care for their minor children instead of sending them to summer camp or day care. That’s not true unless the child has a serious health condition that prevents participation in camp or day care. Otherwise, parents are expected to make conventional child care arrangements during the summer.

You don’t always have to be right–as long as you act in good faith

07/23/2010
Here’s good news for supervisors who are afraid of making the wrong disciplinary decision: Employers don’t have to be right every time about the underlying reasons for disciplinary action. Instead, what counts is acting in good faith.

HR lessons learned the hard way: Don’t blindly trust your FMLA software

07/20/2010
As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But as one employer recently found out, FMLA apps don’t always tell the whole story. Lesson learned: There’s no substitute for doing a hands-on review of employee records.

Asleep–or whatever–on the job? It’s safe to terminate

07/15/2010
It seems elementary that employees should work when they are being paid. But some employees apparently think it is fine to take unauthorized breaks by holing up in an inconspicuous place. You don’t have to put up with it.

Make sure your Internet usage reports are specific

07/15/2010

If you have a policy that tries to limit employees’ Internet use, make sure your IT department has an accurate and very specific way to measure that usage. Otherwise, an employee who’s fired for violating the policy may end up collecting unemployment compensation.

Before firing, make sure employee hasn’t made any recent safety complaints

07/15/2010

Minnesota employees who make good-faith reports about safety concerns are protected from retaliation. Before you approve a termination recommendation, make sure the employee hasn’t recently complained about safety issues. If he has, verify that the discharge reasons are genuine. Otherwise, prepare for a retaliation lawsuit.

Responding to an office affair? Don’t forget the ‘fair’ part

07/15/2010
When an office romance is in full bloom, it’s a tough secret to keep from the perceptive masses. But how’s an employer supposed to respond when an affair causes turmoil in the workplace? This court decision offers a good warning: Don’t discipline one partner but not the other.