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Terminations

Carefully account for all FMLA leave absences

09/02/2011

Smart employers make sure that no employee is ever punished for taking FMLA leave. They do that by carefully cataloging when every employee takes FMLA leave. And if they must discipline an employee for attendance problems, they spell out the reason why each absence counted toward punishment.

OK to lay off worker who’s out on FMLA leave if it’s a business necessity

09/02/2011

Some employees assume that they will always get their jobs back after taking FMLA leave. Usually that’s true, but not always. Take, for example, a case in which an employer needs to lay off workers. An employee’s FMLA status doesn’t necessarily protect her job in such a situation.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.

Note to thin-skinned employees: Constructive criticism doesn’t qualify you for unemployment

09/02/2011

Employees who work under genu­­inely intolerable conditions can quit their jobs and still collect un­­em­­ployment compensation. But those situations are rare—and don’t provide cover for overly sensitive workers. Supervisors routinely criticize employees and offer suggestions for improvement. That’s normal and doesn’t constitute harassment.

Document discharge decision at time it’s made

09/01/2011
When an employee senses that she may be in trouble and about to lose her job, she may begin to review the last year or so with an eye toward filing a pre-emptory lawsuit. If she suddenly remembers alleged acts of discrimination, she’s sure to complain. But she won’t win in the end if her employer can show it made the decision to fire her before she ever complained.

Punishing worker for loud complaint: Retaliation or legit insubordination penalty?

08/30/2011

Employers obviously can’t punish employees simply because they complain about discrimination. That would be retaliation. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter their content. That’s simply unacceptable in the workplace … and grounds for legal termination.

Placed on PIP? That’s no reason to quit

08/26/2011
Employees placed on performance improvement plans (PIP) sometimes suspect that they are about to be fired. But that doesn’t mean they can jump the gun, quit and apply for unemployment compensation.

How far must we go to deliver a final paycheck to a former employee?

08/23/2011
Q. Over the past six months, we have made several attempts to mail a former employee her last paycheck by certified mail. We believe we have the correct address because we mailed her other items by regular mail during this period and none has been returned. What legal obligations do we have, if any, to get this check to her?

Always have witness to entire termination process

08/23/2011
To avoid needless litigation, make sure someone else sits in on termination meetings.

Document firing decision at the time you make it

08/23/2011
Make sure you document exactly when and why you decided to terminate an employee, even if you must wait until later to tell the employee.