Firing

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.

Document precise reason for termination

01/02/2019

Detailed documentation is your best defense if a fired employee sues for discrimination. You will be able to show that your reasons were not motivated by bias.

Employee’s decision to file lawsuit in justice court may backfire

12/04/2018

A worker can’t add additional claims to her case on appeal that go over the dollar limit for justice court cases.

Always record the date when you made a decision to fire