Firing

Abrasive personality can justify termination

06/28/2010

Some employees seem perpetually unable to get along with others. They argue, act insubordinate and generally make life miserable for other employees who are trying to get work done. Don’t hesitate to fire them if they refuse to change their ways.

Firing? Pick a reason and stick with it

06/28/2010

Presumably, when you terminate an employee, you have good reasons for doing so. If you pile on more reasons later, it may look as if you are trying to cover up a discriminatory decision with a host of excuses for why you fired the employee.

Lawsuit-proof your HR operations: Document business reason for every decision

06/24/2010

It’s difficult to predict which employee will be the next to sue. That’s why your best defense is to treat every major employment-related decision as a potential lawsuit. How? Back it up with a solid, business-related justification.

Establish an employee policy on responding to shoplifters–and be consistent in enforcement

06/22/2010

Two employees of a Sprint store chased down and subdued a shoplifter even though they were on break at the time. Heroic? Yes. But also a violation of Sprint company policy, and both men were fired. Employers are within their rights to set such policies, but make sure you enforce such policies consistently to avoid discrimination claims.

Trust but verify: FMLA software isn’t foolproof

06/22/2010

As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But if you decide to terminate because the software told you an employee overstepped her leave or wasn’t eligible for FMLA leave, review the reasons for the leave and double-check your calculations.

Firing? Back with complete discipline records

06/18/2010

Employers that keep careful track of which employees are disciplined—and for what reasons—have a leg up if they’re ever sued for discrimination. Before you terminate any employee, take the time to pull up all similar past disciplinary files. If those records show you fired other employees for identical or less-serious offenses, chances are no court will second-guess your decision in the latest case.

Retaliation alert: Most public employees protected when reporting alleged wrongdoing

06/18/2010

Public employees have First Amendment free speech rights, including protection from reprisal for reporting alleged wrongdoing to superiors. They lose that protection only if reporting wrongdoing is part of their jobs.

Independent review protects against hidden supervisor bias

06/16/2010

Despite your best efforts, a rogue supervisor occasionally slips through. He may harbor discriminatory attitudes that can color his termination and disciplinary decisions. But you can cut that chain by doing a little independent digging into what really happened. Then document your efforts to get both sides of the story.

Rescind firing ASAP to end discrimination suit

06/14/2010

Let’s say a supervisor acts too hastily in firing an employee who has turnaround potential. Or perhaps you learn the employee has a plausible discrimination claim, and you’d rather address the issue right away than risk litigation. If you offer to reinstate the employee right away and she refuses to return, chances are a court won’t conclude you unfairly terminated her in the first place.

Can we fire worker suspected of raiding the till?

06/09/2010

Q. We strongly suspect that one of our employees has been taking money out of the cash register. Whenever he is responsible for the register, there are a lot more shortages than when others work the register. Even though we can’t prove he is taking money, can we terminate his employment?