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Firing

Set crystal-Clear rules governing employee absences

02/01/2008

Employers are free to set reasonable no-call/no-show rules for all absences, including those that qualify for FMLA time off.  On the other hand, if you discharge someone for failing to follow a rule that doesn’t spell out exactly how you expect employees to call in, don’t be surprised if you end up embroiled in a long, time-consuming and expensive legal battle …

Head off ADA complaints by proactively offering to discuss accommodations

02/01/2008

The ADA requires employers to engage in an interactive process to determine whether an applicant or employee is actually disabled and what, if any, accommodations are possible. But the law doesn’t expect employers to be clairvoyant …

Handbook helps convince court to overturn discrimination decision

02/01/2008

The Indiana Court of Appeals reversed a decision by the Michigan City Human Rights Commission finding that Filter Specialists Inc. discriminated against two employees because they are black. Dawn Brooks and Charmaine Weathers were fired in 2003 for time-card fraud …

Giving employees a reason for discharge

02/01/2008

Q. I own a small business with 27 employees. Last month I was forced to terminate one of my employees who had been caught stealing. Because I knew he was having some trouble at home, I agreed not to contest unemployment. However, I just received an e-mail from this former employee asking me tell to him, in writing, why I fired him. I cannot shake the feeling that I am being set up for something. After all, I told him during his termination meeting that he was being fired for stealing. Do I have to respond to this request? …

Don’t assume—It’s up to employee to raise disability issues

02/01/2008

Do you suspect an employee may have a mental or psychological disability that may need accommodation—even though he hasn’t mentioned it? Tread carefully. If you assume the employee is disabled and he’s not, he’ll be able to sue you for regarding him as disabled. Here’s the best way to handle the matter …

Pay commission? Make sure contracts are clear about terms

02/01/2008

Commissions are a great way to motivate some employees to work harder. Usually a contract spells out the commission terms and how the payments work. But if the contract is the least bit unclear, expect trouble—especially if someday you have to discharge a commissioned salesman for poor performance …

You don’t have to put up with disruptive behavior

02/01/2008

Have you tiptoed around an employee’s poor behavior because he belongs to a protected class? You don’t have to tolerate rudeness, threats or other disruptive acts. Just make sure you have clear rules in place and enforce them equally against everyone who breaks them. And remember: You have an obligation to provide a workplace free of violence …

Are we required to explain why we discharged an employee?

02/01/2008

Q. My company recently terminated an employee. The employee claims that she is entitled to a letter outlining the reasons for her discharge. Is she correct? If so, how much information must we provide the discharged employee? …

No individual liability under Texas Whistleblower Act or Labor Code

02/01/2008

Good news: Your managers and supervisors aren’t individually liable for violating either the Texas Whistleblower Act or the Texas Labor Code. That means your personal assets aren’t on the line …

Minnesota Unemployment Insurance Law

02/01/2008
Minnesota’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The state administers the law through the Minnesota Department of Employment and Economic Development (DEED) …