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Firing

Employees fighting? Punish everyone equitably—or be prepared to explain why not

08/06/2008
If a fight breaks out at work, make sure you punish everyone involved in the incident according to his or her level of involvement. Don’t terminate one employee and suspend the other unless you have a very good reason for the different treatment …

Don’t let complaint interfere with legitimate discipline

08/05/2008
Sometimes, employees who know they are in trouble will file a discrimination complaint as a pre-emptive strike. They assume their employers will worry that a court might see any further disciplinary action as retaliation. Don’t be intimidated by this tactic! …

Keep details of discrimination settlements confidential

08/05/2008
Is your HR office involved in settling discrimination complaints? If so, consider including confidentiality clauses as part of any settlement if the employee is going to stay onboard. Then shield the employee’s supervisors from any details of the settlement. Here’s why: Any subsequent discipline—especially if it comes close on the heels of the settlement—may be grounds for a retaliation lawsuit …

Remind managers: Justify deviations from disciplinary rules

08/05/2008
Handbooks and disciplinary rules help managers mete out consistent and fair discipline. But no handbook or set of rules can cover every possible disciplinary problem, and supervisors need some discretion when deciding what punishment fits the crime. The problem is that any deviation from the rules may be seen as discrimination if an employee who belongs to a protected class perceives that he has been punished more harshly than a co-worker who broke the same rule …

Is ‘at-will’ employment at risk in Colorado? Voters will decide

08/05/2008
Colorado (like nearly every other state) historically has been an “at-will” employment state. That means employers are free to fire an employee, and an employee is free to quit, at any time, with or without cause, and with or without notice. But this fall, that could all change. Ballot Initiative 76 would amend the state constitution to eliminate at-will employment …

Termination following customer complaint

08/05/2008
Q. We recently received a customer complaint about a short-term employee who was already on a “last chance” warning for work errors. Can we fire her now, or do we need to first investigate the complaint? …

Beware! Now it’s even easier for disabled employees to sue

08/04/2008
A new federal appeals court case has made it easier for employees in the 5th Circuit to sue for disability discrimination. To prove disability discrimination, employees need to show only that the disability was a “motivating factor” in an employment decision, not the sole cause …

Arbitrating claims? Chances are appeals court will uphold decision

08/04/2008
When employees and employers freely agree to arbitrate disputes and submit those disputes to an impartial decision-maker, chances are a federal court won’t reverse that decision. In fact, courts are required to resolve doubts in favor of arbitration, so those who try to bring lawsuits don’t get a “second bite at the apple.”

$46.7 million for manager who blew whistle on age discrimination

08/01/2008
Ronald Luri, former general manager for the Cleveland division of a nationwide waste collection company, will receive $46.7 million after a Cuyahoga County jury found the company “tried to ruin his career.”

Whistle-Blower suit against Duke Energy heads to trial

08/01/2008
John Deeds, former director of regulatory initiatives for Duke Energy, won Round 1 of his whistle-blower lawsuit against the utility. Deeds claims he was fired in April 2006 after questioning whether payments Duke Energy made to certain large customers were “sham transactions” intended to buy support for rate increases …