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Firing

When bias claims fly, beware lenient courts

10/31/2013
Here’s an important factor to consider when terminating an employee who has recently complained about alleged discrimination of some sort: If she can show at least a tenuous connection between her complaint (like its timing) and her discharge, she will probably be able to proceed with her lawsuit.

Worried about firing the only minority? Just follow your own rules

10/30/2013
Sometimes, irrational fear of litigation keeps employers from acting in their own best interests. For example, they may think discharging the sole minority employee will mean a lawsuit. Don’t let paralysis by analysis slow you down.

Worker fired for lack of wheels is eligible for unemployment

10/29/2013
A former employee of Bell Sociali­­zation Services in York has won unemployment compensation benefits after she was fired for not having “reliable transportation.”

Remind managers: Discuss terminations only with those who need to know

10/17/2013

Loose lips can sink a lawsuit defense. Make sure your supervisors (and other HR staff) understand that they should only discuss employee terminations with people who truly need to know about it. That’s especially true in sensitive cases involving alleged fraud, theft or falsifications.

Good faith is good enough for discipline

10/10/2013
When you are investigating em­­ployee wrongdoing and deciding on discipline, you don’t have to get everything exactly right—as long as you act in good faith and aren’t trying to set up someone or use the disciplinary process as a pretext for discrimination.

Firing for ‘dishonesty’? Offer specifics about what happened

10/09/2013
Like most employers, you probably have general rules about what constitutes a firing offense—and “dishonesty” is probably on the list of no-no’s. It’s a vague term, subject to interpretation. That’s a good reason to make your disciplinary records specific.

Honest investigation all that’s required

10/09/2013
Do you sometimes worry that you made a mistake during an investigation? Or that you believed the wrong person? You needn’t lose sleep over it. Courts won’t second-guess your decisions if they believe you acted reasonably and in good faith.

Fired for death threats? No unemployment for you!

10/08/2013
A Commonwealth Court has ruled that a Ridgway man who was fired for threatening his bosses can’t collect unemployment benefits.

Get rid of bad apples! Act fast to fire worker who won’t stop slurs despite warnings

10/02/2013
What should you do when an employee keeps spouting offensive racial slurs despite repeated warnings to stop? Fire her before she says or does something that leads to a lawsuit.

Less liability if you knew of disability on hiring

09/16/2013

Some employers worry that hiring a disabled employee increases the chances they will be sued for disability discrimination. Don’t worry needlessly. The fact that you knew the employee was disabled actually helps later if he sues for discrimination.