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Terminations

It takes more than protected status to win lawsuit

06/15/2011
Here’s some good news for employers. Courts are beginning to toss out more lawsuits in the early stages if it becomes clear an employee has no case. Judges are telling employees they have to come to court with real facts—not just allegations they were discriminated against.

Ensure romance rules protect against association bias

06/15/2011
Consider this when writing policies: Employees can sue if their employer discriminates against them because of their “association” with a member of a protected class. And that association can include dating and other intimate relationships.

Feel free to deny employees’ FMLA leave requests that aren’t legitimate under the law

06/15/2011

Some employees think they’re entitled to FMLA leave for every family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones. You should also require employees to follow your rules and provide adequate notice.

Learn from public employee’s ‘reputation’ suit–even if you’re a private-sector employer

06/15/2011

Government employees have some rights that private-sector employees don’t have, including so-called liberty and property interests in their jobs. That can include the right to a hearing and an opportunity to present their side of the story before being discharged. It also includes the right to preserve their reputations.

Allow FMLA leave before terminating employee

06/15/2011

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?

When misbehavior demands termination, it’s best to stick with one reason for firing

06/10/2011
Here’s an important reminder to heed when you must discipline employees: If an employee commits a major rule violation that justifies termination, rely on that reason alone. Resist the temptation to pile on additional reasons. It may make defending a lawsuit that much easier.

OK to fire on basis of some taped phone calls

06/10/2011

Illinois has strict laws against recording telephone conversations without permission. But those laws allow recording if a party to the conversation believes a crime is being or is about to be committed. In some cases, that means you can use a recorded phone call as the basis for termination.

What can we do to protect ourselves? A worker leveled threats after we fired him

06/08/2011
Q. We recently fired an employee because of insubordination and anger-management issues. The termination meeting, not surprisingly, didn’t go well and the employee became very agitated. He made some statements that could be interpreted as vague threats against his supervisor and our company. Is there anything we can or should do to protect ourselves from this former employee?

Without a noncompete agreement, can we stop a former employee from undercutting us?

06/08/2011
Q. We just had a successful salesperson quit his job and join one of our major competitors. We did not, unfortunately, have him sign either a noncompete agreement or a confidential information agreement. We are very concerned that he may have taken, and may be using, some of our company’s confidential business information, including detailed customer information. Is there anything we can do about this situation, given the absence of any written contract?

Employees can’t demand specific schedule

06/08/2011
Employees sometimes think that employers have to accommodate all their schedule requests. Not usually. Often, employees fired for refusing to work their scheduled hours expect to receive unemployment benefits.