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Terminations

NLRB: You may discipline for many employee online postings

10/27/2011
Treading carefully on today’s uncertain social media terrain, many employers might hesitate to punish employees for posting workplace comments online. But the National Labor Relations Board recently found in several scenarios that employers didn’t violate the National Labor Relations Act when they terminated or disciplined the employees.

Cut unemployment liability by working to keep employee

10/26/2011
Employees who quit their jobs aren’t eligible for unemployment compensation benefits unless they legitimately believe they had no choice but to resign. But if an employer makes a genuine effort to help the employee stay and he turns down that offer, he may lose eligibility for unemployment.

Beware close timing between FMLA leave, firing

10/26/2011
It’s all in the timing: An employee may have a case if her request for FMLA leave is suddenly followed by a reorganization that results in the loss of her job.

FMLA leave doesn’t mean immunity to RIFs

10/26/2011
When faced with a reduction in force, employees who are out on FMLA leave don’t enjoy greater protection than other employees. For example, being on maternity leave does not exclude an employee from being considered for the RIF. That would give those on FMLA leave rights above and beyond those of other employees.

Warn bosses: Never describe job as ‘permanent’

10/25/2011
Supervisors sometimes make the mistake—often during the hiring process or after employees pass a 60-day post-hire period—of using the term “permanent” when discussing their jobs. That essentially promises the person a job for life and it can destroy their at-will status.

Chicago bank branch fires low-vision worker after a day

10/18/2011
The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.

Employee gripes on Facebook: Can we draw a line?

10/18/2011
Q. You’ve written that we can’t fire employees for their “concerted activity,” like talking about pay or bosses, and we may have to live with certain complaining via social media. But are there limits?

Sometimes it’s OK to fire before parental leave

10/17/2011
Many employees believe that the FMLA and its state counterpart, the Minnesota Parental Leave Act (MPLA), absolutely prevent an employer from terminating someone who asks for or takes parental leave. That’s not the case.

Severance plans make sense for rank-and-file

10/14/2011
As you dust off the recruiting and retention plans that will keep your organization humming post-recession, you might want to take a look at your severance packages for rank-and-file employees. Here are seven things to consider when it comes to severance packages:

Act fast on firing for misconduct, or risk being liable for unemployment compensation

10/12/2011
If you want to fire someone for misconduct, here’s a good reason not to drag your feet on it. If the delay is too long between the alleged misconduct and the termination, the employee may get unemployment compensation.