Firing

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.

Independent investigation key to clean terminations

09/10/2013

Before you terminate an employee for breaking a company rule, be sure that you have someone else look at the situation. Never rely strictly on the supervisor’s view of events.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013

Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

Cursing car salesman can’t get unemployment benefits

09/03/2013

A car salesman fired after he cursed and threatened a customer has been denied unemployment benefits.

Can we fire admitted drug user, or should we offer time off for treatment?

08/20/2013

Q. We have an employee who has been performing poorly and who has shown up for work appearing to be intoxicated. In a discussion with a manager, the employee admitted that he was currently using cocaine and it was affecting his personal and work life. We haven’t done a drug test on the employee, given his admission of drug use. We want to fire the employee, but we aren’t sure if the FMLA or any other law requires us to give him time off to undergo treatment?

Justify every firing with real business reasons

08/13/2013

Support any adverse job action, such as a demotion or termination, with solid business reasons. Clearly and contemporaneously document your decision to act. That way, you can come to court prepared to explain exactly why you did what you did and when you did it.

Simple way to foil bias lawsuits: Have the manager who did hiring also do the firing

08/09/2013

Terminations are one of the main flash points for employee lawsuits. Here’s one way to reduce your risk: Set up your system so that the same supervisor who makes a hiring decision on an employee also makes the final termination decision.

It’s always OK to fire for insubordination

08/07/2013

Some employees just aren’t team players. In some jobs, that doesn’t really matter. But in others, it does—and employers have the right to expect employees to get along with others, including their supervisors. If they can’t or won’t, it’s perfectly legal to terminate for insubordination.

Use documentation to show insubordination

08/01/2013

Some employees will never be happy and seem to do everything possible to interfere with a normal, well-functioning workplace. When that’s the case, don’t hesitate to terminate the disruptive worker. Just make sure you document her shortcomings.

Discuss firing only with those who need to know

07/30/2013

As a general rule, you should only discuss a worker’s termination with those who really need to know about it. That’s especially true in sensitive cases involving alleged fraud, theft or falsifications. You don’t want to lose a defamation case because a manager decided to make an example of a fired employee.