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Terminations

Whistle-blowers win big in New Jersey Supreme Court

06/28/2011
The New Jersey Supreme Court has delivered a powerful blow to New Jersey employers that find themselves in the crosshairs of a Conscientious Employee Protection Act lawsuit. It ruled in June that whistle-blowers who suffer retaliation that causes psychological damage can collect lost wages—even if they weren’t fired, but quit instead.

Consider additional leave as ADA accommodation

06/28/2011
According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.

Good faith wins court cases! Don’t use investigation to trap employee

06/24/2011

Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.

When planning layoff, use objective factors

06/24/2011
When deciding who should get the ax during cost-cutting reductions in force, use as many objective factors as possible. For example, use performance measures that include specific achieve­­­ments and rankings based on those achievements.

No self-defamation claim possible in North Carolina

06/23/2011
A former employee at a North Carolina Walmart has lost a novel claim that could have opened the litigation floodgates in North Carolina and destroyed the at-will employment concept. He sued, alleging he had been forced to reveal why he had been fired, which in effect amounted to self-defamation.

Different discipline for ‘similar’ offenses? Better be prepared to explain why

06/23/2011
When you’re disciplining an employee, you don’t have to go into every detail about why she is being punished one way when another employee was dealt with differently. However, if the employee ever sues you for discrimination, you had better be prepared to explain the difference later—in court.

Remember: Discord isn’t always retaliation

06/23/2011

You can’t retaliate against employees who complain about alleged discrimination in the workplace. But what’s retaliation? Tense working conditions don’t always fit that bill. There can be many explanations for rising tensions that have nothing to do with a discrimination complaint.

NLRB: Firing for unprofessional tweet is legal

06/20/2011
An Arizona newspaper fired a crime reporter after he posted a series of unprofessional tweets on his work-related Twit­­­­ter account. The reporter complained to the National Labor Relations Board, but the NLRB dismissed it.

Tread carefully with pregnant underperformer

06/17/2011

Performance improvement plans (PIPs) can help turn around subpar employees. But if you use PIPs, make sure you implement them equitably. For example, if you place a sales­person on a PIP to raise falling sales, then institute a PIP for everyone whose sales have fallen to the same level. That’s especially important if one of the employees is about to take FMLA leave or is pregnant.

Is Brooklyn Botanical Gardens fertile ground for bias?

06/17/2011
The former head of security at the Brooklyn Botanical Gardens has filed a lawsuit claiming the institution discriminates against blacks, and that he was fired in part because of his age.