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Firing

Nothing to sneeze at: Reach of wrongful-discharge law limited

05/27/2009

Pennsylvania common law protects employees from discharges that violate public policy, but what violates public policy isn’t defined. Courts must therefore decide what the term means.

Fired for using ‘N-word’, news anchor sues

05/27/2009

WTXF TV news anchor Tom Burlington has sued his former employer claiming discrimination after he was fired for using the “N-word” in an editorial meeting called at the Philadelphia station to discuss a news story about a mock funeral to bury the “N-word.”

Look for firing trends that could signal bias

05/15/2009

In a case that illustrates why you should review all your employment decisions for potential hidden bias, a California appeals court has ruled that employees can use other employees to testify that they, too, were discriminated against in the same way.

Good news: The clock eventually runs out on negligent hiring after you’ve fired worker

05/15/2009

You probably know that employers can and are sometimes held liable if their employees harm customers. That’s especially true if they knew or should have known that the employee might be dangerous. But your potential liability—if you negligently hired an employee in the first place—doesn’t go on indefinitely.

Avoid shifting explanations for termination

05/13/2009

One of the worst things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale—a performance problem or rule violation, for example, or perhaps a business downturn—and document that decision and all the supporting evidence.

Firing Guard or Reserve member? Better show you would have taken action despite service

05/13/2009

Members of the military have greater on-the-job protection than many other employees—including the right to return to their former jobs following a period of active-duty service. They also have the right not to be terminated or otherwise punished for being part of the armed services and taking military leave.

Employers: ‘Keep Out!’ Beware overreacting to employees’ Facebook, blog postings

05/12/2009

It’s becoming a common problem: An employer discovers disparaging comments on an employee’s Facebook, MySpace or personal blog. Maybe a post reveals internal company information. Can the employer take disciplinary action? It depends.

OK to factor in truthfulness when disciplining

05/11/2009

Sometimes, it isn’t the rule violation that makes a supervisor want to fire an employee, but the way the employee responds when confronted. Some will lie and deny what turns out to be obviously true. Others may ’fess up. You can leniently treat those who do the right thing, while punishing the others.

It’s your right to demand good performance—even from employees who take FMLA leave

05/11/2009

Employees who take FMLA leave or engage in other protected activities sometimes look for signs their employer is illegally punishing them. They interpret every legitimate request for improvement as retaliation. Fortunately, courts are beginning to reject those frivolous claims.

Worker claimed retaliation? Don’t fear legitimate firing

05/11/2009

Sometimes, employees think all it takes to keep from being fired is a well-timed complaint alleging discrimination, harassment or retaliation. That, they reason, will scare an employer into overlooking poor performance or even criminal behavior. Don’t fall for it.