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Firing

Good records win lawsuits: When disciplining, be as specific as possible

01/30/2013
If someone was terminated for breaking workplace rules, he may claim you treated others outside his protected classification more favorably. That is, you let their similar behavior slide while you punished the fired worker more severely. The best way to counter such charges is with very specific records showing why you believe each punishment fit the rule violation.

Appeals court decision shows perils of pregnancy bias lawsuits

01/22/2013
A recent decision by the California Court of Appeal illustrates just how complicated and costly it can be to discipline an employee who is on protected leave.

Ensure automatic firing policy is understood

01/22/2013
Treating a disabled employee even a little differently than others can spell big trouble. That even applies to seemingly minor differences such as telling one employee in advance about an automatic termination po­­licy, but not informing a disabled employee about the rule.

Document why you require bilingual skills

01/22/2013
Many organizations serve customers who speak a language other than English, and require em­ployees to have specific bilingual skills. If that describes your organization, make sure you can defend the language requirement if you’re sued.

Don’t let fear of being sued stop you from disciplining employee

01/14/2013
Don’t let the fear of litigation keep you from making necessary decisions. Sometimes, you have to discipline employees for the good of the organization.

Be sure managers know they can’t discipline employees for using FMLA

01/14/2013
Don’t let an angry manager turn routine FMLA leave into expensive and time-consuming litigation. Make sure all supervisors understand their FMLA obligations—and that they have no choice but to cheerfully allow em­­ployees to exercise their rights.

Hold bosses accountable for workplace problems

01/14/2013
Here’s an important concept to remember when disciplining managers: They are responsible for what goes on below them on the organization chart, whether they know the details or not.

Same incident, two punishments: Be able to explain why one was harsher

01/13/2013
You don’t always have to punish two employees who break the same rule exactly alike. Just make sure you explain the difference for the record. That kind of documentation will prove crucial if an employee decides to sue.

Be prepared to explain bonus before discharge

01/13/2013
Do you hand out periodic bonuses to employees? If so, be sure you can clearly describe how you calculate bonuses and what em­­ployees need to do to receive one. If you must later terminate an employee—and claim poor performance was the reason—she may point to the bonus as proof you fired her for discriminatory reasons.

Employee has routine gripe about timekeeping? That’s not necessarily protected activity

01/11/2013
Employees who question your timekeeping process may be setting you up for an FLSA lawsuit. How you respond may make the difference between winning and losing. If you promptly fix what turns out to have been an innocent mistake, the court probably won’t consider the original complaint protected activity.