Firing

Good faith wins, even if you might have been wrong

05/31/2019

Courts almost never second-guess employers’ decisions—even dubious ones—as long as they are confident the decisions were made in good faith.

No need for termination notice to state reason

05/29/2019

Employers don’t necessarily have to detail why they decided to fire an employee, for example in a formal termination notice. If they are later sued, it’s enough to provide original documentation justifying the legitimacy of the discharge.

Solid reasons for termination? Fire away!

05/06/2019

If you have compelling reasons to terminate someone and have carefully documented them, there’s really no reason to fear pulling the firing trigger. Just be sure to treat all similarly situated employees the same way.

Yes, you can terminate during FMLA leave

04/18/2019

You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.

Beware close timing between FMLA leave and discipline

04/15/2019

The closer a termination comes to the end of a worker’s FMLA leave, the more likely she may win an FMLA-retaliation lawsuit.

Fired harasser can’t collect unemployment

04/02/2019

If you have a robust harassment policy that prohibits even a single incident of unwanted touching, rest assured that a fired harasser won’t be eligible for unemployment benefits.

Beware firing after employee has asked for FMLA leave

04/02/2019

Terminating an employee for absenteeism after she’s requested FMLA leave is likely to trigger a lawsuit.

Weigh all the risks of bringing criminal charges against terminated employee

03/26/2019

Sometimes employee misbehavior is so egregious that you’re tempted to call the police. But you should think twice before filing criminal charges against a former employee. Consider all the possible consequences.

Carefully document customer complaints if they might be used to justify termination

03/12/2019

If your employees can be terminated because of customer complaints, make sure you have a reliable method for tracking those complaints. Be sure to include as many details as possible.

Go to jail, get fired, collect unemployment anyway

01/31/2019

Employees who engage in misconduct generally aren’t eligible for unemployment benefits. But that doesn’t mean a blanket rule that calls for firing anyone who is incarcerated will automatically rule out unemployment compensation.