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Firing

Executive exemption requires true hiring/firing authority

10/01/2006

Before you classify supervisors as exempt executive employees, make sure you’ve given them enough authority to make that classification stick. That means delegating true hiring/firing power with the clear understanding that your organization will typically follow the supervisors’ recommendations …

‘Firing manager’ should be same one who did the hiring

10/01/2006

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road …

Don’t bait worker into insubordination; It’ll smell like bias

10/01/2006

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate …

Block firing-Bias charge by documenting business reason

09/01/2006

Several statutes protect pregnant employees from discrimination and retaliation. But those laws don’t guarantee employees’ permanent job security …

Bias complaints can be ‘Filed’ after 180 days

09/01/2006

If you’re like most employers, you breathe a little easier when 180 days have passed since you discharged an employee. You know that’s how long fired workers have to file a complaint with either the EEOC or the Texas Workforce Commission if they are bringing a claim under the Texas Labor Code …

State Pays Out Nearly $4 Million After Firing at-Will Employee

09/01/2006

If you’ve ever wondered how much it costs an employer to defend a discrimination lawsuit, a Pennsylvania case may provide the answer …

Give staff at least 15 days to obtain FMLA certification

09/01/2006

When it comes to collecting proof about an employee’s FMLA medical leave, one stupid mistake can cost your organization big bucks. That mistake? Not giving employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave …

Returning soldiers aren’t at-Will employees … temporarily

09/01/2006

If you plan to terminate an employee who recently returned from military duty, you need a clear, business-based reason for your action. You can’t fall back on "at-will status" as a reason for firing in such cases …

Announcing terminations: What’s the smartest way?

09/01/2006

A reader of our weekly e-mail newsletter, The HR Specialist Weekly, recently posed this question: “How do you let other employees know when you’ve fired someone?” Following are some of the responses from other readers …

Firing employee on workers’ comp may be legal

08/01/2006

Texas law makes it illegal to fire an employee in retaliation for filing a workers’ compensation claim. But that doesn’t mean employees are untouchable just because they’re out on workers’ comp. You can legally discharge injured workers under a reasonable absence-control policy that applies to all employees, regardless of how they were injured or became ill …