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Terminations

Fight unemployment benefits if employee quits because of unsubstantiated safety fears

06/08/2011
An employee who reports a serious safety hazard and stops coming to work after the employer refuses to fix the hazard may collect unemployment benefits. But that’s not true if the employee doesn’t give the employer a chance to remedy the problem and just quits out of fear.

Settlement accepted? That makes it a contract

06/08/2011
Here’s something to remember when your attorneys are negotiating a settlement agreement in a pending lawsuit or other claim: As soon as you and the other party agree to an offer, a contract is formed and the terms are binding. That’s true even if the agreement hasn’t yet been signed.

Insubordination always a legitimate reason to fire

06/07/2011
Employers have the right to expect em­­ployees to listen to reasonable directions, accept criticism and otherwise behave in a civilized way. When an employee becomes insubordinate, the employer has the right to discipline her, including firing if necessary.

Check for job search if employee was ‘forced’ to quit

06/07/2011
Under limited circumstances, an em­­ployee can claim that harassment or discrimination at work made her life so miserable that she had no choice but to quit. She can then walk out and sue as if she had been fired. But what if it turns out that the employee found a job before quitting? That can sink her claim.

Document exact timing of decision to fire

06/07/2011
When firing an employee, always note exactly when you decided to terminate her. You will no doubt know before the employee does. Your good record-keeping can shoot down an employee’s attempt to blame the firing on something illegal—like disability discrimination or an attempt to interfere with the employee’s FMLA rights.

How not to handle FMLA leave (Hint: Following the law isn’t optional!)

06/07/2011

Sure, it’s inconvenient when employees need to take FMLA leave. But you can’t tweak FMLA policies just to suit your operational needs. If you try it, prepare to get out your checkbook. Your employee will have a slam-dunk case to bring to court.

Good cause to act? Don’t wait to terminate

06/01/2011
Sometimes, it’s smart to pull the termination trigger sooner rather than later. Waiting just gives the employee a chance to dig in—and plan a lawsuit.

Dillard’s must take $50,000 from till to pay for age bias

06/01/2011
Managers at the Dillard’s department store in Cary have learned the hard way that forcing out older workers simply because of their age doesn’t pay.

When reorganizing, focus on essential company goals

06/01/2011
At some point, every employer will have to reorganize to cut costs or im­­prove effectiveness. Don’t let those making the reorg decisions take the easy way out by simply eliminating positions held by disabled employees.

Disabled employee wants open position? That may be a reasonable accommodation

06/01/2011
Employers have an obligation to reasonably accommodate disabled employees. They can’t just ignore an accommodation request—especially if it involves the relatively simple step of placing the employee in an open job.