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Firing

Whistle-blower isn’t doing her job? Feel free to discipline

03/15/2013
Here’s an important reminder when management gets nervous about terminating a so-called whistle-blower. Solid, legitimate reasons for discipline take precedence over protections to which whistle-blowers are entitled.

Clairvoyance not required to ID need for FMLA

03/15/2013

Under the FMLA regulations, if an employee is incapacitated, someone else can notify the employer, whose FMLA obligations are then triggered. But that doesn’t mean that a co-worker merely telling a supervisor that the employee is “sick” works as notification. Employers are entitled to better notice than that.

No unemployment for those fired for late time sheets

03/07/2013
Make it clear that it’s essential to complete time sheets on time. Dis­cipline those who don’t follow the rules. If you have to fire time sheet ­slackers, rest assured they won’t be eligible to collect unemployment benefits on your account.

Name-calling may be just the tip of the iceberg

03/07/2013
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.

Ensure FMLA status won’t affect firing decision

03/07/2013
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.

Title VII doesn’t cover sexual orientation

03/05/2013
While several ballot initiatives nationwide show there has been a change in how the general public perceives same-sex relationships, sexual orientation is still not a protected class under Title VII of the Civil Rights Act.

Protect against bias allegations: Involve hiring manager in any termination decision

03/05/2013
It’s a good standard policy: The person (or persons) who made the hiring decision should also take part in any firing decision. That way, the employee can’t argue that discrimination based on an obvious protected characteristic like race, sex or handicap must have been at work.

Employee won’t stop working off the clock? Don’t dock his pay; fire for misconduct

03/04/2013
Make sure managers know they can’t turn a blind eye to unpaid work by hourly employees. What can employers do? Don’t dock their pay. Instead, warn them—and then discipline them.

Worried about firing the only minority employee?

02/20/2013

If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.

Court nixes temp restraining orders for bias complaints

02/20/2013

Employees’ attorneys have come up with a unique way to interfere with an employer’s right to fire employees. Workers who fear that they’re on the verge of being fired are seeking temporary restraining orders to stop the discharge. Fortunately, not all judges are going along with the ploy.