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Terminations

No adverse action? Then don’t fear constructive discharge

02/28/2011

Employees sometimes quit and claim they had no choice because work conditions were so terrible. Sometimes, they sue. In most such cases—the argument is called “constructive discharge”—courts side with employers, provided there’s no evidence the employee suffered an adverse employment action such as a transfer, demotion or pay cut.

Lost license, lost job? That means no unemployment

02/28/2011
An employee who knows his job requires him to maintain a valid driver’s license is not eligible for unemployment compensation if he is fired because he loses his license.

Car salesman fired over Packers necktie lands on feet

02/25/2011

Before the Chicago Bears played the Green Bay Packers in the NFC Championship game, car salesman John Stone wore a Packers necktie to work at Chicago’s Webb Chevrolet. General Manager Jerry Roberts asked Stone to remove the tie. He refused and was fired. When Roberts learned of Stone’s reason for wearing the tie, he offered him his job back. By then Stone had already packed up to move to rival Chevrolet of Homewood.

When employee sues for discrimination, be prepared to show your processes are solid

02/25/2011

Judges don’t want your job. They don’t see courtrooms as publicly funded HR offices, and will often try to defer to employer decisions as much as possible. That’s a huge advantage for employers. Capitalize on that by giving the court something to hang a favorable decision on. That something is often a clear and fair disciplinary process.

Made an FMLA mistake? Avoid liability by offering reinstatement, no strings attached

02/25/2011
The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his legal complaint is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Plant closings: You must give 60 days’ notice

02/23/2011
The 9th Circuit Court of Appeals has issued a strongly worded opinion chastising an employer for trying to dodge liability for not giving 60 days’ notice that it would close a facility, as required by the federal Worker Adjustment and Retraining Notification (WARN) Act.

Make the independent contractor vs. employee decision before you bring person on board

02/22/2011
Make sure you make the employee-or-contractor call before you hire an employee. Don’t assume you can make the designation later. That usually won’t work. And you probably won’t even discover the problem until it’s too late to fix it—when a terminated worker files an overtime lawsuit.

Ready to punish slacking employee? First, have a talk with her

02/21/2011
If you hesitate to discuss problems with employees before disciplining them, it may be time to reconsider. After all, employees often admit their mistakes when confronted directly. Any admissions the employee makes during the interview can be used later to support your disciplinary decision.

Beware hasty discipline for FMLA leave-takers

02/15/2011

Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.

Employee who fears illness can quit, collect unemployment

02/14/2011
Workers whose employers give them good cause to leave a job are still entitled to unemployment compensation benefits.