Firing

Problems surface during FMLA leave? Fire away!

12/20/2011

Sometimes, you won’t find out about an employee’s mistakes until she’s not there to cover them up. If an employee went on vacation and you then discovered she was stealing, you wouldn’t hesitate to fire her, right? That shouldn’t change just because her absence was due to an illness.

Berkeley schools settle religious pilgrim’s bias suit

12/19/2011

Berkeley School District 87 in Chicago’s western suburbs has settled a controversial religious discrimination complaint filed by a Muslim teacher who sought unpaid leave to make a pilgrimage to Saudi Arabia.

Have manager who hired also do the firing

12/19/2011

The same individual who hired an employee should also fire that employee if necessary. Courts typically reason that no prejudiced person would hire someone and then later fire him because of discrimination, having known all along about the employee’s protected characteristics.

Simply failing to find work doesn’t prove defamation

12/16/2011

When employees are fired, they may have a hard time getting another job. Sometimes, they suspect their former employer is providing a bad reference. And often, a defamation lawsuit will follow.

SoCal hotel steps up after firing autistic employee

12/16/2011

The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.

How should we handle difficult firing meeting?

12/14/2011

Q. We recently decided to terminate an employee based on performance concerns. The employee is in sales and is required to cold call a certain number of individuals each day. In reviewing the daily call logs, the employee’s manager discovered that she has been calling the same disconnected number over and over again … To top it off, she sent an email telling other employees they could do the same. In preparing for the termination meeting, I’m wondering what we should say?

Freeborn County worker blames firing on retribution, bias

12/14/2011

Did frank feedback about a boss’s shortcomings lead to a government worker’s firing? That’s what Rose Olmsted claims in a lawsuit she filed against the Freeborn County Commissioners and the county’s director of human services.

Beware perils of interfering with intermittent FMLA leave

12/13/2011

Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

The easy way to stop most bias lawsuits: Enforce all rules evenhandedly

12/13/2011

It’s impossible to know if a termination will lead a former employee to sue for discrimination. That’s why it’s crucial to enforce all your rules equitably. You don’t want an employee to be able to say that someone else broke the same rule without receiving harsh punishment.

Carefully track angry employee’s complaints

12/12/2011

Do you have one of those employees who are never happy and always seem to find something to complain about? It may be tempting to ignore the constant complaining or chalk it all up to personality conflicts, but that would probably be a mistake. Carefully document the tension and your response.