Firing

You don’t have to wait for prosecution: Go ahead and fire violent worker

02/25/2016

Has an employee been arrested for threatening behavior involving a co-worker? You don’t have to wait for the criminal trial and conviction to discipline the employee. You don’t even have to reconsider if police drop the charges. What matters is that you have an honest belief the worker broke company conduct rules—even if you end up being wrong.

Document all the details that influence your decision to discipline

01/29/2016

One of the easiest ways to get in legal trouble is to discipline two employees differently for breaking the same rule.

No employment protection for abuse victims

01/29/2016

A federal court has refused to expand common law workplace protection for victims of domestic abuse.

University budget crisis justified tenure cut

01/28/2016

Professors who teach at public institutions and have tenure are generally protected from job cuts. But under some circumstances, they still may lose their jobs.

Employee claims bias after transgender dispute

01/28/2016

A woman fired from a Children’s Lighthouse Learning Center franchise in Katy, Texas, is suing her former employer after refusing to address a transgender child as a male.

Can you terminate for off-the-clock activities?

01/21/2016

When can you legally terminate a worker for what he or she does on their own time? The answer is an unsatisfying, “It depends.”

Former Highmark exec sues insurer for $32M

01/04/2016

Kenneth Milani, former chief executive officer of Pennsylvania’s largest health insurer Highmark, is suing the company in the wake of his 2012 firing for lying about his relationship with a married Highmark employee.

Contradictory reasons for firing can backfire

01/04/2016

Before you decide to terminate employees for budgetary reasons, make sure you are prepared to justify that rationale. Otherwise—and especially if you provide other reasons later—your motivation may look suspect if the employee sues.

When terminating for insubordination, thwart lawsuit by lining up witnesses

01/01/2016

Always document (in great detail) the incident that prompted a firing. Also, gather as many eyewitness accounts as possible. More witnesses equal a better foundation for your case.

Can we fire employees we just learned are registered sex offenders?

12/16/2015

Q. Management wants to implement a zero-tolerance policy with respect to employing registered sex offenders. Recently, we conducted an internal investigation and determined that three current employees are registered sex offenders. Management wants to terminate those employees immediately. Is that legal?