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Firing

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.

Your in-house ‘expert’ can’t be used to prove employee should have been fired

01/31/2018

A federal trial court hearing a Texas case has concluded that employers can’t use expert testimony to tell a jury that a discharge was justifiable based on a review of a worker’s employment records. That’s for a jury to decide.

Firing for absences under no-fault policy? Check for FMLA, accommodation requests

01/26/2018

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.

Woebegone, Keillor says he was fired without investigation

01/18/2018

Former “Prairie Home Companion” host Garrison Keillor alleges his firing from Minnesota Public Radio was completed without a proper investigation of sexual harassment allegations made against him.

Ignoring FMLA paperwork may bar unemployment

01/02/2018

Workers who are fired for breaking a workplace rule generally aren’t eligible for unemployment compensation. That’s because rule-breaking may constitute willful misconduct, which bars benefits.

It’s OK to fire in the middle of FMLA leave, but be prepared to show valid, unrelated reason

01/02/2018

Employees who are out on FMLA leave don’t enjoy any special protection against being fired for unrelated reasons. If you can show you would have terminated the worker even if she had not taken FMLA leave, chances are the termination won’t be seen as FMLA interference or retaliation for taking FMLA leave. However, such a move will probably trigger a lawsuit anyway.

Jury gets to decide: Did she quit or was she fired?

12/06/2017

Think an employee’s ultimatum a­­mounts to quitting in a huff? Maybe, maybe not­. If a dispute transforms into a lawsuit, it may be up to a judge or jury to determine if an em­­ployee really resigned or was just blow­­ing off steam.

We don’t want to fire, can we require retirement?

11/15/2017

Q. An older employee has been having significant performance issues during the performance cycle. She is eligible for retirement, but does not want to retire. Can we require her to retire in lieu of termination?

OK to fire if you discover mistakes while employee is out on FMLA leave

11/15/2017

Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.