Firing

No such thing as too many reasons to fire

01/05/2015

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

Discrimination: Title VII

01/04/2015

HR Law 101: Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers on the basis of race, color, religion, sex or national origin. An array of federal and state laws further refine the definition of discrimination …

Fire at Will Doctrine

01/01/2015

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time …

Sex Discrimination

01/01/2015

HR Law 101: Sex discrimination and sexual harassment are illegal under Title VII of the Civil Rights Act. The law requires that employers treat male and female workers equally in all terms and conditions of employment …

Insubordination is grounds for denying unemployment

12/24/2014

Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.

Being placed on performance improvement plan isn’t grounds to claim ‘constructive discharge’

12/24/2014

Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

Don’t wait for prosecution: Fire violent worker

12/08/2014

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 the police drop the charges. What matters is that you have an honest belief that the employee broke company conduct rules—even if you end up being wrong.

When disciplining, focus on words and actions

12/02/2014

Judges don’t expect you to put up with potentially dangerous employees. But if an employee believes he’s really being punished for something other than behavior, be careful. Focus on the employees’ actual behavior, not subjective “feelings” you got when observing him.

Dress Codes

12/01/2014

HR Law 101: Workplace dress codes touch on a variety of issues, including workplace safety, freedom of speech, personal hygiene, customer relations, religious freedom, the minimum wage and racial and gender stereotypes. Employers have a number of legitimate reasons for imposing a dress code, but court rulings have limited their options…

Sloppy firing leads to suit? Offer reinstatement

11/10/2014

Here’s a tactic to limit the damage in a case of a firing gone wrong: Unconditionally offer to reinstate the employee. If she declines, you may not have to pay future lost wages after the offer date. The key is making sure there are absolutely no strings attached to the invitation to return to work.