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Terminations

Your rules apply–even for employees preparing to sue

11/07/2011
Here’s another reason to have privacy and confidentiality rules: Em­­ployees who violate those rules in order to gather evidence for a lawsuit they have filed can be disciplined.

Don’t fret needlessly over being right

11/07/2011

Management doesn’t need to base its decisions on proof beyond a reasonable doubt. Courts generally uphold termination decisions, even if it turns out they were based on faulty information. Simply put, as long as an employer reasonably believes it’s firing an em­­ployee for a good reason, it doesn’t have to be right.

‘Ministerial exception’ applies to music director

10/31/2011
If yours is a religious organization, many employment discrimination laws may not apply to some employees who perform “ministerial” work.

With no explanation for firing, man files reverse-bias lawsuit

10/31/2011
A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.

Innuendo alone doesn’t amount to harassment

10/31/2011
Generally, anti-discrimination laws are designed to punish egregious offenses rather than rude or inconsiderate behavior. That’s good news for employers dealing with isolated, sexually suggestive comments or behavior.

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.