Terminations

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021

When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

#1 reason you can’t fire worker for going #2 on office floor

03/18/2021

You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Fired Jan. 6 protestor sues for $10 million

02/11/2021

Consult your attorney before firing an employee who may have been present at a protest where rioting occurred. There’s a risk you might be sued.

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.