Firing

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.

Simple culture of civility and respect can wind up saving sky-high legal fees

10/07/2011

Want to avoid needless and expensive lawsuits? One good place to start is by encouraging respect and civility. That’s because sometimes hurt feelings are enough to spur a lawsuit.

Did Scooter Store pull an ADA fast one?

10/04/2011

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee. The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

Planking at work: A firing offense?

10/04/2011

GameStop, the video-game retailer, fired an employee recently for tweeting two pictures of himself “planking” on the store counter and between two merchandise kiosks. GameStop has a policy that says employees can be terminated for online activity that puts the company in a bad light.

Can fired poor performer receive unemployment benefits?

10/03/2011

Q. One of our employee’s job performance no longer meets our standards. While she used to be a good worker, she’s now making a lot of errors, coming in late from time to time and not getting along with her co-workers … If we fire her for poor performance—which we would consider termination for cause—will she be eligible to collect unemployment compensation?

Can we really not fire an employee who has been called to jury duty?

09/28/2011

Q. We are a very small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial?

Zero-tolerance drug policy? Make sure you uniformly apply it to all

09/28/2011

Do you have a zero-tolerance rule against employees who use or possess illegal drugs at work? If you don’t apply it to all employees who break the rule, you will be sued.

In discipline, it’s the details that matter

09/23/2011

Employees who believe they have been disciplined more severely than co-workers may blame the disparity on some form of discrimination. They may think that their age, sex, national origin or some other protected characteristic is the real reason. Even if you know you haven’t been biased, be prepared for the accusation.

Fire if you must, but always be ready to defend decision

09/22/2011

Sometimes, you have no choice but to fire an employee. Every one of those discharges is a fresh chance to be sued by a disgruntled former employee. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged.

Was that insubordination, or an accommodations request?