Firing

Warn bosses: No disparaging military service

02/03/2012

If a member of the National Guard or reserves is terminated, he or she can use the statement to show that military service was a motivating factor in that termination. That’s all that’s required under USERRA.

Beware defamation claims based on discipline write-ups

02/02/2012

Remind supervisors and managers to stick with verifiable and documented facts when writing up an employee for poor performance, a mistake or other disciplinary matter. That’s because a false write-up could be grounds for a later defamation lawsuit.

Use objective measures to make firing decisions

02/01/2012

If you terminate subpar workers, it goes without saying that you must be prepared to show they were, in fact, poor performers. Do so by using objective performance measures. Let the facts and figures speak for themselves.

Employee refuses to follow instructions? Courts won’t second-guess disciplinary decisions

02/01/2012

Courts don’t want to second-guess every employment decision. They leave it up to employers to determine, for example, whether one rule violation is more serious than another. As the following case shows, employers are free to terminate employees who won’t listen.

Fort Worth lumber yard hammered for age bias

01/31/2012

The former general manager of Foxworth-Galbraith Lumber in Fort Worth is suing the company for age discrimination, claiming he was fired at the age of 55 and replaced by a 38-year-old man.

Documented insubordination can often sink employee’s discrimination lawsuit

01/31/2012

Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the employee was insubordinate can quickly win such cases.

You never have to tolerate fights in the workplace

01/27/2012

Violence in the workplace is a harsh reality, but employers must provide a safe work environment. That may mean terminating employees who threaten other employees or get into fights.

Fired disabled worker receives $40K from American Apparel

01/20/2012

Los Angeles clothing manufacturer and retailer American Apparel has agreed to settle an ADA lawsuit filed by a former employee who was fired while out on medical leave.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012

Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor performer, rubber-stamping that decision can mean losing a discrimination lawsuit.

Hired him? You should be the one to fire him

01/18/2012

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why: