Firing

It’s official: New York court reporter really hated his job

04/30/2014

A Manhattan court stenographer’s job dissatisfaction is part of the official record after he repeatedly typed, “I hate my job, I hate my job” into the transcripts of 30 trials.

Fired for insubordination? No unemployment benefits

04/15/2014

Employees have to abide by reasonable rules whether they like them or not. Insubordination remains a reason to deny unemployment compensation to terminated workers.

Beware firing worker who moonlights while out on medical disability leave

04/14/2014

It may seem wrong for an employee who is out on disability leave to work another job. But firing her for allegedly lying about her medical condition may backfire in the form of a disability or retaliation claim.

Gather examples if you decide to fire because worker isn’t a ‘team player’

03/31/2014

Some jobs require co-workers to get along and support one another. An employee who isn’t a team player may cause enough problems to warrant termination. But “team player” is a subjective term.

Negotiating return to work? Don’t rush firing

03/27/2014

Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.

No matter how complicated the firing, have a rational explanation for decision

03/25/2014

A messy termination doesn’t have to mean losing a subsequent lawsuit. Just be proactive, figure out what happened and document the underlying discharge reasons. They’re probably in plain sight, despite the drama.

‘Resign or be fired’: Humane offer or a risky ultimatum?

03/24/2014

Have you ever presented an employee the option to resign or get fired? Doing so today just may fall under the no-good-deed-goes-unpunished category. As this new ruling shows, such ultimatums might ultimately give you ulcers in court under the “ultimatum theory” of liability …

How can we fire a poor performer–who up until now has earned glowing reviews?

03/17/2014

Q. We recently hired a new manager in an underperforming division. After getting to know her team, the manager wants to fire an employee for poor performance. But, the employee has only had glowing performance reviews under his previous manager. Can we go ahead with the termination?

Easy way to head off discrimination suits: Have manager who hired also do the firing

03/13/2014

Here’s a good practice that may limit lots of lawsuits following terminations: If possible, make sure the same person who hired a worker also fires him. That makes it more difficult for an employee to argue he was fired for discriminatory reasons.

Clerk fired after telling Gov. McCrory, ‘Thanks for nothing’

03/07/2014

Governors might think they have a thankless job, but being told that directly can still sting. Gov. Pat McCrory recently found out exactly how thankless the job can be.