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Firing

How to avoid the FMLA ‘no-fire’ zone: Prorate performance goals to account for FMLA leave

03/18/2011

Sometimes employees will suddenly request FMLA leave when they know they face termination because they’re not meeting their performance goals. They think no one can be fired while on FMLA leave. Wrong! You can fire such a worker—as long as you first make performance goal adjustments that take their FMLA leave into account.

SCOTUS retaliation ruling already a factor

03/16/2011
The ink was barely dry on the U.S. Supreme Court retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.

Legit discipline OK, even following complaint

03/16/2011
Some managers worry needlessly that any step they take after an employee complains about harassment will mean a lawsuit. But as long as you can support your disciplinary act with a good reason—and you keep good records showing how you made the decision—chances are good a court will dismiss the suit.

HR can’t always save the day when bosses go overboard

03/14/2011
HR can’t right all wrongs. When a supervisor rashly fires an employee for filing a complaint, not even fast action by HR to reinstate the employee can save the company from liability.

Relocating? OK to fire immigrant worker who fails to renew visa in time for move

03/14/2011

Employers in highly technical fields sometimes sponsor immigrant workers and help them secure work visas and eventual “green card” status as permanent resident aliens. When those visas are set to expire and it appears the employee may not be able to renew the work authorization, employers aren’t discriminating on the basis of national origin if they elect to terminate the employee.

Firing meetings: Let workers talk; ‘zip it’ doesn’t work

03/11/2011

You’ve had it up to here. Now it’s time to fire a poorly performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …

NLRB: Pre-emptive firing to prevent employees from discussing pay and benefits is illegal

03/09/2011
In a recent case, the National Labor Relations Board ruled that employers unlawfully interfere with an employee’s rights if they terminate the person in anticipation that he might discuss working conditions with his co-workers in the future.

Supreme Court: Check boss bias before disciplining

03/08/2011
The Supreme Court’s latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Hamilton’s Personal Touch in court over ADA allegations

03/04/2011
The EEOC has sued Hamilton-based Personal Touch Home Care, claiming it violated the ADA by failing to accommodate an employee who suffered from renal failure, chronic obstructive pulmonary disease and asthma.

Opposing unemployment comp isn’t retaliation

03/04/2011
A federal court has dismissed a case that could have created big headaches for any employer trying to prevent a discharged employee from receiving unemployment compensation benefits.