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Firing

Boss recommends firing? Check for bias

02/27/2012
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

Panera Bread gets double helping of bias litigation

02/22/2012
A Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.

Firing OK for breaking no-dating policy?

02/22/2012
Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?

Court: False harassment complaint is grounds for termination

02/22/2012
A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.

Franco’s first director role: a legal comedy

02/14/2012
What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got fired for ­giving Franco the lousy grade?

Courts: Don’t make us second-guess your decisions

02/13/2012
The 11th Circuit Court of Appeals has made it clear that it isn’t interested in interfering unnecessarily with management decisions … The lesson here is that as long as you have a rational reason for discharging an employee, chances are your decision won’t be questioned.

Don’t take malingering employee’s bait: Calling in sick shouldn’t trigger FMLA query

02/13/2012

Some employees believe all they have to do to invoke FMLA leave protection is call in sick and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

Beware ‘aggravated misconduct’ firings–unemployment benefits hang in the balance

02/09/2012
Employees who commit “aggravated misconduct” and are terminated may not be eligible for unemployment compensation benefits. Therefore, some employers may assume that when an employee is arrested and charged with a felony related to work, it makes sense to fire the employee. Not necessarily.

Warn managers: Angry statements could cause defamation, slander lawsuits

02/09/2012
When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.

Court won’t second-guess good-faith firing decisions

02/03/2012
Don’t agonize over terminating an employee for misconduct. You can be wrong about the underlying facts as long as you acted in good faith when making the firing decision.