Terminations

Beware firing employee during medical testing

11/19/2020

Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

Last-chance agreements protect your firing rights

10/22/2020

It makes sense to give a second chance to good employees whose performance is slipping because of personal challenges. You can protect against future lawsuits by imposing a formal last-chance agreement that says any subsequent transgression will result in termination.

When & how you must notify employees of layoffs

10/20/2020

There are indications layoffs will rise again in the fourth quarter of 2020 as covid-19 cases edge upward again. And as layoffs increase, the threat of WARN Act lawsuits grows more acute for employers that do not follow the layoff notification rules.

5 million older workers lost their jobs as virus surged

10/06/2020

Racial and gender discrimination are rightfully under examination at many workplaces, as employers strive for diversity in hiring. However, another bias is impacting companies as well: ageism.

Document performance problems to justify RIF list

09/24/2020

Use objective criteria when deciding who will keep or lose their job during a reduction in force. Then be sure to document your specific, business-related reasons for handing out pink slips. That will help you prevail in court if an employee sues, alleging a RIF was based on discrimination.

Plan layoff meeting carefully

09/23/2020

Laying off an employee is never easy, but not thinking about it won’t help. It’s better to plan your meeting with the employee in detail, including the steps you should take before the meeting. These tips should help.

Always review supervisors’ firing recommendations

06/04/2020

HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.

Why you should think twice about a ‘Zoom termination’

06/01/2020

Even during a national emergency, sometimes you have no choice but to terminate an employee—and sometimes the termination is brought about because of it. How should you go about the process in this time of heightened legal and emotional sensitivity, especially when face to face contact might be tricky?

Coming to a court near you: covid-19 lawsuits

05/27/2020

In just a few weeks, dozens of federal lawsuits have been filed alleging some workplace wrong related to the coronavirus or covid-19.

How to protect your company’s data when letting go of a remote employee

05/21/2020

An astounding 87% of employees take company data with them on their way out the door. How can businesses protect their data when laying off employees who are currently working from home? Your checklist should include the following steps after an employee gives notice.