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Firing

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.

Give HR the last word on terminations: Supervisor bias can taint firing decisions

02/20/2013
It’s never a good idea to “throw the book” at an employee just be­­cause a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.

Yes, you can fire for working off the clock

02/20/2013

Some employees refuse to follow rules prohibiting off-the-clock work. Some—insisting they can’t complete their work any other way—may clock out and then return to work. That puts employers at risk for wage-and-hour lawsuits. You don’t have to put up with it.

Personal business at work? That’s misconduct

02/20/2013
Employees who violate rules against doing personal business at work are engaging in misconduct. That can make them ineligible for unemployment compensation benefits.

Economic conditions require worker layoffs? Be honest about reason for termination

02/20/2013
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.

ADA: Firing OK if health problem is minor

02/20/2013
Firing someone because you be­­lieve he has a disability violates the ADA under some circumstances, but not all. If the disabling condition is transitory and minor, you can terminate without violating the ADA.

Good performance reviews don’t outweigh later discipline

02/20/2013
Sometimes, an employee does something so outrageous that you have no choice but to fire her. If she sues, you may worry that her past good reviews will create trouble. They won’t if you documented the incident leading to the discharge.

When it comes to discrimination lawsuits, the clock starts ticking with firing date

02/07/2013
A federal trial court has reiterated that the important date for filing deadlines is not when an employee learns he was discriminated against, but when he was fired. Employees have to file their EEOC complaint within 300 days of discharge or they lose the right to sue.

Insubordinate employee? Track each incident

02/01/2013

Sometimes, it’s clear that un­­less an employee shapes up, she’ll have to be fired. Argu­­men­­ta­­tive, insubordinate employees who balk at even minor requests fall into that category. Carefully document in­­fractions so when termination time comes, you have specific examples.

Considering after-the-fact paper trail to justify firing?

02/01/2013

Move cautiously when dealing with an employee who complains about harassment and discrimination—especially if the complaint involves a supervisor who now wants to terminate him. Unless you have a pre-existing paper trail showing poor performance before the complaint, going back to create one is dangerous.