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Firing

No, employees can’t sue employers for being ‘unfair’

09/02/2014
Sometimes, it seems as if anybody can sue their current or former em­­ployer and get a day in court. It’s true, anyone is welcome to fill out the blank complaint forms that courts make available to the public. But spurious complaints like this one are usually quickly dismissed.

‘Crimson Tide fan’ not a protected minority in Texas

09/02/2014
A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium.

7 steps to protect against electronic sabotage by former employees

09/02/2014
With nothing more than a few taps on the keyboard, a vengeful ex-employee can cause far more disruption to the workplace than some of your most vocal employees.

If fired employee was truly awful, do I still have to give him final wages?

08/29/2014
Q. I just fired one of my employees for his constant tardiness. Because it is currently in the middle of a pay period, the employee has some wages due to him. When must I pay him these wages, and am I even required to pay him? I mean, I did fire him for being a terrible employee.

Put details in performance improvement plan

08/18/2014
You can’t prevent every lawsuit over a discharge, but you can be prepared. That preparation includes making sure you can point to solid, performance-based reasons for every termination. Lay the groundwork first with a performance improvement plan (PIP) and you will be well on your way to showing the court your decision was based on objective, measurable business reasons rather than some kind of prejudice or discrimination.

Disability accommodation isn’t working? It’s OK to fire if employee can’t do the job

08/07/2014
Sometimes, a disabled employee simply cannot perform his or her job to the standards you legitimately expect. If you make reasonable accommodations and work with the employee to find a way for the employee to successfully perform the essential functions, you have done all you are required to do.

Don’t tolerate threats and angry behavior

07/31/2014
Sometimes, workplace relationships deteriorate beyond repair. That’s especially true if an employee resorts to angry outbursts or even threats. That’s when it’s time to act.

Outrageous employee behavior? Don’t fear quick-trigger discipline

07/30/2014

When faced with misbehaving employees, HR people are always counseled to avoid quick firings and hold tight to the three D’s—document, deliberate and decide. But some workplace behavior is so outrageous that employers must take immediate action.

OK to fire for Facebook complaint about work?

07/23/2014
Q. One of my employees recently made a post on Face­­book expressing his dissatisfaction with his job. In the post, he talked about being paid too little for the amount of work he performs, and that the whole office needs renovating, claiming, “rats don’t even want to work there.” Can I fire him for this, or at least discipline him?

Separation agreements: Use arbitration agreements instead of claims releases?

07/15/2014
Q. We have seen that some companies are requiring their employees to agree to arbitration rather than a release of claims in their separation agreements. Is this an alternative worth exploring?