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Firing

Beware firing worker who sleeps with the enemy

06/20/2013
Here’s a situation that should send you straight to your attorney’s office. If you fire an employee because you discovered her spouse works for the competition, you may be violating the marital status discrimination clause in the Minnesota Human Rights Act (MHRA).

Waiting to fire slacker? Document your concerns

06/11/2013
If you have a poor-performing worker but don’t want to fire him before you have lined up a replacement, make sure you document all the problems—and your efforts to get him up to expectations.

Check records before and after harassment claim

06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.

Feel free to regulate worker conduct in company van

06/06/2013
Good news for employers worried about their public image: If you provide carpool transportation for your employees and want to control their behavior while using that transportation, you can.

Restrict FMLA leave info to those who need to know

06/03/2013
A frequent tactic for employees who have used FMLA leave and who are fired around the same time is to allege that they were terminated for taking FMLA leave. But those claims fall apart if the person making the termination decision didn’t know about the leave. That’s reason enough to limit access to FMLA leave information to those who need to know.

Court: Years alone won’t define ‘significantly younger’

06/03/2013
When someone claims age discrimination, he typically has to show that he was replaced by someone “significantly younger.” What that means is unclear—and courts seem in no hurry to come up with a hard-and-fast rule.

OK to fire everyone, then ask them to reapply

06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

Disabled worker can’t perform? OK to terminate

05/31/2013
Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.

Lawsuit may hinge on whether Harrisburg U. is public or private

05/28/2013
The financially troubled Harrisburg University of Science and Tech­­nol­­ogy has asked a federal judge to dismiss a retaliation lawsuit filed by a former professor. She claims she was fired over criticism she and her husband leveled against university officials.

Handbook calls for civility? Enforce the policy

05/28/2013
Many employers have revised their handbooks to include language requiring all employees to treat one another—as well as customers—with respect. But that doesn’t mean that em­­ployees who feel “disrespected” have grounds for a lawsuit.