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Firing

Not all offenses are equal–make the punishment fit the ‘crime’

05/13/2011

When disciplining conduct that violates company policies, remember that you have leeway to come up with appropriate punishment based on the specifics of each incident. Just make sure you document the conduct, what rules it violated and why each employee deserved the punishment he or she received.

Complaint: anti-gay slurs, propositions by Jesse Jackson

05/13/2011
A former employee of the Rev. Jesse Jackson Sr.’s Rainbow Push Coalition has filed what Chicago news outlets are calling a “bombshell” complaint with the Chicago Commission on Human Rights, alleging Jackson ridiculed him for being gay, and even asked him for oral sex on at least one occasion.

OK to treat similar rule violations differently–as long as you document your rationale

05/13/2011

Some managers think they have to punish the same rule violation exactly the same way for all employees. But the truth is that no two cases are exactly alike. Those differences can justify punishing one employee more severely than another. The key: You must be prepared to justify why you treated the cases differently.

Last-minute complaint shouldn’t derail firing

05/13/2011
Employees who know they’re in trouble often look for ways to set up a lawsuit in case they’re fired. They may file some sort of discrimination complaint right before termination. This can be a winning strategy if the employer hasn’t been careful to document performance or other problems all along. Don’t get caught in that trap.

Your handbook doesn’t decide unemployment comp

05/12/2011
The Minnesota Supreme Court has ruled that employees don’t automatically become eligible for unemployment compensation benefits just because their employer didn’t follow its own progressive disciplinary policy outlined in the employee handbook.

Questionable staffing moves toss transit CEO from driver’s seat

05/11/2011
The Hillsborough Area Regional Transit Authority (HART) will have a new chief executive after a 7-4 vote by county commissioners. Con­troversial transit CEO David Armijo has been dismissed after several employees complained about his actions.

Bulletproof HR decision-making by following your own rules–and logging your compliance

05/11/2011

You must have clear rules in place for making personnel decisions—and you must follow those rules consistently. With good documentation, you then are able to show exactly how and when you made your decision. That can sometimes make the difference between a dismissed lawsuit and litigation.

Tell managers: Get over it! Handling ­employee complaints is part of the job

05/06/2011

It gets tiresome hearing complaints all day. But managers need to understand that showing any irritation when an employee gripes may taint any subsequent disciplinary action against the complainer. The best approach is to accept every complaint with a smile and send it on to HR.

Must we give drug policy to an ex-employee?

05/05/2011
Q. We just terminated an employee for testing positive for PCP. Now the former employee wants a copy of our drug-testing policy. Do I have to provide it?

Even lawyers ‘lawyer up’ in employment law cases

05/04/2011
Former Ropes & Gray partner Patricia Martone is suing the multinational law firm for age and sex discrimina­tion and ERISA violations. According to her complaint, senior partners pressured her to turn over some of her key clients to younger, male partners. When Martone refused, she says, she was fired.