Firing

Employee performance not up to snuff? You must communicate your concerns

04/09/2012

Employers have an obligation to make sure employees know what kind of performance is expected of them. Under no circumstances should you wait until you’re ready to discharge the employee to put criticism in writing. That creates the suspicion that you came up with reasons as a cover for illegal discrimination.

Health insurer CEO axed over affair, arrest

04/05/2012

Highmark Blue Shield has terminated its CEO in the wake of criminal charges that he attacked the husband of a former employee with whom he was having an affair.

Detailed disciplinary records show you’re not biased

04/02/2012

Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.

Don’t let insubordinate employee hide behind dubious ‘That’s illegal!’ claim

03/30/2012

Employers can’t fire employees for refusing to engage in criminal acts. But that doesn’t mean employees can proclaim “That’s illegal!” and expect to get away with what is really insubordination.

Texas Supreme Court rules on jury-trial waivers

03/30/2012

The Texas Supreme Court has handed an important victory to Texas employers eager to avoid jury trials for employment disputes: It ruled that, as long as the employees are at-will workers, threatening to fire them for refusing to give up the right to a jury trial does not invalidate the agreement.

Age comments plus termination equal trouble

03/29/2012

Here’s an important reminder for all supervisors: Innocent age-related comments can come back to haunt you. That’s especially true if the comments come from someone who has a direct say in hiring and firing decisions.

Establish clear discipline policies–and follow them for every employee, every time

03/29/2012

You’ll rarely lose a termination-related lawsuit if your handbook contains clear rules that you follow consistently. That’s because when everyone who breaks the same rule is equitably disciplined, fired employees will have a hard time finding workers outside their protected class who were treated more favorably than they were.

Manning’s big tip earns big penalty for Raleigh waiter

03/23/2012

A March evening started out great for a waiter at the Angus Barn restaurant. One of his customers was NFL quarterback and well-known big tipper Peyton Manning, who left a $200 tip. The waiter was so excited he posted Manning’s credit card slip in a photo on Facebook. Bad move …

Know the difference between whistle-blowing and an employee looking for an excuse to sue

03/14/2012

There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.

Beware overly broad drug policies, which could violate ADA rules about revealing a disability