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Terminations

Quitting pending discharge means no unemployment comp

07/13/2011
Employees who quit after being told they may be terminated aren’t eligible for unemployment compensation. That’s especially true if quitting provides another benefit, such as the ability to use the employer as a reference.

Firing those with obsolete skills isn’t age bias

07/13/2011
In today’s tough economy, it’s sometimes necessary to terminate em­­ployees. That may be especially true when new technology makes it easier to perform some tasks, reducing the need for employees.

If employee can’t return from FMLA leave, it’s not interference to terminate

07/13/2011

Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.

Honestly believe worker broke rule? Firing OK

07/13/2011
Here’s something to remember when you’re worried about firing someone because you might get sued: Judges don’t want to run HR departments. As long as HR acts honestly and believes the employee should be fired because she broke a company rule, chances are a lawsuit won’t ­succeed.

Bad attitude, rude behavior bars unemployment

07/13/2011
Employees who have been fired generally qualify for unemployment benefits unless they were terminated for misconduct. But “misconduct” is broadly defined. It can even include rude or snippy behavior that shows an employee doesn’t really care.

Key to beating lawsuit: Belief worker broke rule

07/13/2011
Employers that can show they fired an employee for violating a company policy will generally win any subsequent lawsuit—if they can show they reasonably believed that’s what happened. It doesn’t matter if later it turns out the employer was wrong.

When age seems obvious factor, expect lengthy legal process

07/13/2011
Here’s something to consider when terminating an older employee, while leaving younger ones in place: If your organization is sued, don’t expect the case to be tossed early on. Instead, brace for protracted litigation.

Appeals court: No second chance to appeal lower court’s decision on retaliation damages

07/13/2011
An employee who won a discrimination case after he filed an appeal has lost his second appeal. He had claimed it wasn’t enough that a lower court had ordered almost one million dollars in back pay. He said he should have been promoted, too.

Court: Veterans can’t sue for bias under Title VII or Florida Civil Rights Act

07/13/2011
The 11th Cir­cuit Court of Appeals has refused to recognize veterans as a protected class under either Title VII of the federal Civil Rights Act or under the Florida Civil Rights Act. That means claims based on military service must generally be brought under the Uniformed Serv­ices Em­ployment and Reemployment Rights Act (USERRA).

OK to cut position of worker on FMLA leave–if you can prove FMLA status didn’t affect decision

07/13/2011

Employees who take FMLA leave are usually eligible for reinstatement, but not always. If you were going to eliminate the position anyway, the employee may be out of luck. Before you deny reinstatement, be sure you can clearly show that the position was cut for reasons completely unrelated to the employee’s FMLA leave.