Firing

What’s good enough to win one case might be a loser when applied to a different claim

08/30/2017

Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017

If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

EEOC on the way? Prepare your supervisors

08/24/2017

If you haven’t had to interact with EEOC investigators yet, chances are you will eventually. And a supervisor who hasn’t been properly prepared to deal with EEOC investigators can sink your case fast.

Consider paying a little extra on termination

08/21/2017

Do you think you may have slightly underpaid an employee who is being terminated? Paying her a little extra as she heads out the door may fix that problem without penalty, based on California wage payment rules.

Time spent texting counts as absenteeism

08/17/2017

Workers who waste time on their personal electronics may be present physically but otherwise absent.

Got a good reason for firing? Then stick with it–or risk a lawsuit

08/03/2017

Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.

When discipline is suddenly harsher than usual, document details that explain why

07/31/2017

When you set out to discipline a worker for breaking a rule, prepare a report that tells the whole story. That’s especially important if you need to justify why one employee received a harsher punishment than others who, in the past, may have committed similar offenses.

Clearly spell out performance expectations

07/31/2017

Make sure your managers and supervisors clearly and formally communicate their performance expectations. A performance review that criticizes alleged poor work based on expectations that weren’t clearly communicated can become the basis for a lawsuit.

Sometimes you simply must fire whistleblower

07/21/2017

Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.

Warning! One firing can bring many lawsuits

07/03/2017

Just because you win one of several lawsuits over a termination, that doesn’t mean remaining matters will be automatically dismissed. It may not matter that one judicial decision might support your stated reason for firing the employee.