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Firing

Workplace violence rules out unemployment benefits

10/17/2016
If an employee engages in violent behavior and is fired, she isn’t entitled to unemployment compensation benefits.

OK to voice concern about age as long as you don’t base termination decision on it

10/17/2016
When determining which positions should be eliminated during a reduction in force or reorganization, sometimes supervisors and managers will look at the ages of those likely affected. All by itself, that’s not evidence of age discrimination.

Prepare to prove firing wasn’t retaliation

10/12/2016
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

Beware close timing between FMLA and firing

10/12/2016
Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.

Use documentation of past violations to justify harsh discipline

09/29/2016
Smart employers catalog every instance of discipline. Those records come in handy if you must fire one employee for breaking the same rule as another employee who wasn’t terminated.

Are you courting a wrongful discharge suit?

09/29/2016
Before firing anyone, ask yourself the following questions to gauge whether you could defend yourself in a wrongful discharge suit.

Honest staff hit back at Wells Fargo with lawsuit

09/27/2016
Two former Wells Fargo employees who didn’t cheat in the bank’s ill-conceived incentive scheme to drive new business have filed a $2.6 million class-action lawsuit.

He handles our money! Can we terminate employee who recently filed for bankruptcy?

09/26/2016
Q. I recently discovered that an employee who handles company money has filed for bankruptcy. My concern is that if he was unable to handle his own finances, he may be untrustworthy with company finances. Can I discharge this employee?

Free speech includes speech that is unpopular

09/26/2016
Government employees don’t lose the right to engage in free speech when they take a job. That extends to speech that the employer may see as unpopular or even dangerous.

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.