Terminations

Talk it out to avert constructive discharge suit

06/04/2019

Workers can sometimes quit and sue, alleging they were “constructively discharged.” To win such a lawsuit, the former employee must show that a hypothetical reasonable employee would have felt just as compelled to quit had she experienced the same adverse working conditions.

Good faith wins, even if you might have been wrong

05/31/2019

Courts almost never second-guess employers’ decisions—even dubious ones—as long as they are confident the decisions were made in good faith.

No need for termination notice to state reason

05/29/2019

Employers don’t necessarily have to detail why they decided to fire an employee, for example in a formal termination notice. If they are later sued, it’s enough to provide original documentation justifying the legitimacy of the discharge.

Severance perks improve in hot labor market

05/14/2019

With the national unemployment rate dropping to 3.6% this month, the lowest since 1969, employers are using every trick possible to lure and keep the best employees. One increasingly popular move: expanding severance packages to separated employees.

Solid reasons for termination? Fire away!

05/06/2019

If you have compelling reasons to terminate someone and have carefully documented them, there’s really no reason to fear pulling the firing trigger. Just be sure to treat all similarly situated employees the same way.

Yes, you can terminate during FMLA leave

04/18/2019

You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.

Beware close timing between FMLA leave and discipline

04/15/2019

The closer a termination comes to the end of a worker’s FMLA leave, the more likely she may win an FMLA-retaliation lawsuit.

Fired harasser can’t collect unemployment

04/02/2019

If you have a robust harassment policy that prohibits even a single incident of unwanted touching, rest assured that a fired harasser won’t be eligible for unemployment benefits.

Beware firing after employee has asked for FMLA leave

04/02/2019

Terminating an employee for absenteeism after she’s requested FMLA leave is likely to trigger a lawsuit.

Justify layoffs by citing economic conditions

03/26/2019

Document why you need to lay off employees, especially if it’s because of economic reasons. It’s hard for a laid-off worker to argue discrimination if it’s obvious that fiscal realities forced job cuts.