Firing

‘Ministerial exception’ applies to music director

10/31/2011

If yours is a religious organization, many employment discrimination laws may not apply to some employees who perform “ministerial” work.

With no explanation for firing, man files reverse-bias lawsuit

10/31/2011

A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.

NLRB: You may discipline for many employee online postings

10/27/2011

Treading carefully on today’s uncertain social media terrain, many employers might hesitate to punish employees for posting workplace comments online. But the National Labor Relations Board recently found in several scenarios that employers didn’t violate the National Labor Relations Act when they terminated or disciplined the employees.

Warn bosses: Never describe job as ‘permanent’

10/25/2011

Supervisors sometimes make the mistake—often during the hiring process or after employees pass a 60-day post-hire period—of using the term “permanent” when discussing their jobs. That essentially promises the person a job for life and it can destroy their at-will status.

Chicago bank branch fires low-vision worker after a day

10/18/2011

The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.

Employee gripes on Facebook: Can we draw a line?

10/18/2011

Q. You’ve written that we can’t fire employees for their “concerted activity,” like talking about pay or bosses, and we may have to live with certain complaining via social media. But are there limits?

Act fast on firing for misconduct, or risk being liable for unemployment compensation

10/12/2011

If you want to fire someone for misconduct, here’s a good reason not to drag your feet on it. If the delay is too long between the alleged misconduct and the termination, the employee may get unemployment compensation.

Be patient and scrupulously fair when dealing with litigious employee who has complained

10/12/2011

Employers will win in the long run if they exercise restraint and use patience when dealing with an employee who clearly is looking for a lawsuit. It will take work.

Crack down on moonlighting during FMLA leave

10/11/2011

Do you have employees who take intermittent FMLA leave to deal with their own health conditions? If so, you might worry that they sometimes abuse that leave by calling in when their condition supposedly flares up, only to go to work at a second job. Here’s how to handle that situation:

Document rationale for termination even if you decide not to tell employee

10/07/2011

It’s true that at-will employees can be fired for any reason or no reason at all, as long as that reason isn’t discriminatory. Many employers therefore conclude that they don’t have to tell an employee why he’s being let go. But some even conclude they don’t have to document the reason, either. That can be a big mistake.