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Firing

After FMLA leave, build bullet-proof case before firing

11/29/2011
It’s certainly possible to terminate an employee who returns from FMLA leave—if you have good reasons un­­related to the FMLA.

When employee files nonsense lawsuit, leave the legal maneuvering to your attorney

11/29/2011

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.

Fayetteville Goodyear plant sued over woman’s firing

11/28/2011
Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.

Changing company name doesn’t end legal liability

11/28/2011
Businesses come and go, especially during tough economic times. But sometimes companies just change names and corporate status, while essentially remaining the same entity. That doesn’t mean their legal obligations just disappear.

Cupid in the workplace: You can terminate supervisor for lying about personal relationship

11/28/2011
What if you suspect a supervisor/subordinate relationship, but the two people deny it? You probably can’t do anything more than reiterate your workplace rule against it. If it turns out the supervisor lied, you can certainly terminate him or her—both for breaking the rule and then lying about it.

Document poor attitude, just in case of lawsuit

11/25/2011
Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Can I fire someone I just don’t like?

11/23/2011
Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him?

Contesting unemployment? Prove misconduct was willful

11/23/2011
Employees fired for willful misconduct aren’t eligible for unemployment compensation. If you terminate someone for breaking a workplace rule, be prepared to prove that the employee knew about the rule and understood it.

Is employee being set up to fail? Beware boss’s criticism of ‘soft’ skills

11/23/2011
Discrimination can creep into the workplace, even if on the surface there’s nothing blatantly offensive going on. There are still supervisors who treat subordinates poorly because of race or some other protected characteristic. That’s why HR should exercise caution before authorizing discipline against an employee who is meeting concrete goals like sales figures, but is being criticized for more general problems.

Tell supervisors: No matter the inconvenience, never interfere with employees’ FMLA rights

11/23/2011
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.