Terminations

Be patient and scrupulously fair when dealing with litigious employee who has complained

10/12/2011

Employers will win in the long run if they exercise restraint and use patience when dealing with an employee who clearly is looking for a lawsuit. It will take work.

Crack down on moonlighting during FMLA leave

10/11/2011

Do you have employees who take intermittent FMLA leave to deal with their own health conditions? If so, you might worry that they sometimes abuse that leave by calling in when their condition supposedly flares up, only to go to work at a second job. Here’s how to handle that situation:

Document rationale for termination even if you decide not to tell employee

10/07/2011

It’s true that at-will employees can be fired for any reason or no reason at all, as long as that reason isn’t discriminatory. Many employers therefore conclude that they don’t have to tell an employee why he’s being let go. But some even conclude they don’t have to document the reason, either. That can be a big mistake.

Simple culture of civility and respect can wind up saving sky-high legal fees

10/07/2011

Want to avoid needless and expensive lawsuits? One good place to start is by encouraging respect and civility. That’s because sometimes hurt feelings are enough to spur a lawsuit.

Document your consistently fair practices

10/06/2011

Much as you would like to, you can’t control every statement that comes out of supervisors’ mouths. Someday, someone somewhere within your organization will utter an ethnic comment or slur. That doesn’t have to become the basis for a successful lawsuit—as long as you have a track record of treating all employees fairly.

Did Scooter Store pull an ADA fast one?

10/04/2011

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee. The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

Planking at work: A firing offense?

10/04/2011

GameStop, the video-game retailer, fired an employee recently for tweeting two pictures of himself “planking” on the store counter and between two merchandise kiosks. GameStop has a policy that says employees can be terminated for online activity that puts the company in a bad light.

Can fired poor performer receive unemployment benefits?

10/03/2011

Q. One of our employee’s job performance no longer meets our standards. While she used to be a good worker, she’s now making a lot of errors, coming in late from time to time and not getting along with her co-workers … If we fire her for poor performance—which we would consider termination for cause—will she be eligible to collect unemployment compensation?

How to avoid the top 5 employment law mistakes employers make

10/03/2011

Failing to effectively communicate with your employees isn’t just bad for business. It also can create legal trouble. Here are five of the most common errors that land employers in court. As you’ll see, communication lies at the heart of all of them.

Terminations: Always have a second witness to the entire meeting

09/29/2011

When it comes to bringing legal claims, employees feel emboldened when they can paint you into a “my word against yours” corner. But they don’t feel as comfortable—and likely won’t sue—when they’re facing a case of their word against two representatives from management.