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Terminations

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.

Employee cites mental distress? Ask for mental exam

06/16/2011
Employees who sue but can’t show they suffered any monetary damages sometimes claim mental distress instead. Fortunately, courts don’t just take their word it, especially if the employee claims she had to undergo psychiatric treatment.

Disabled employee can’t work at all? You can terminate without violating FEHA

06/16/2011
The California Fair Employment and Housing Act doesn’t require employers to provide unlimited time off for employees with disabilities. The fact is, employees with disabilities are still expected to come to work (at least some of the time) and perform the essential functions of their jobs with or without accommodations while they are there.

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.