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Terminations

Upside of unions: No suing for wrongful termination

08/27/2010
In North Carolina, union employees have to use their contracts to pursue claims they were unfairly fired. They can’t do what at-will employees can do—sue for wrongful termination.

If you discover wrongdoing after the fact, you can use it in court to justify termination

08/27/2010

Sometimes, you don’t know how lousy an employee was until he or she is gone. That may be when you find out about missing work, or even missing money. Or you may discover that the employee was essentially dishonest. If that’s the fact, promptly document what you discovered—just in case there is a later lawsuit.

Do you have employees covered by USERRA? Warning: You could be personally liable for bias

08/27/2010
Managers, supervisors and HR professionals, beware: Courts are cracking down on employers that punish employees who serve in the military. One way is by clarifying that those who participate in hiring and firing decisions may be held personally liable for violating USERRA.

Track rationale for all discipline decisions

08/27/2010

Employees who sue for discrimination usually have to show they were punished more harshly than other employees outside their protected class. Counter such claims with specifics. While you may have punished 10 employees this year for breaking the same rule, chances are that each case was unique—and that you made the punishment fit the crime. That’s fine.

Can a private ‘moral’ issue be the basis for terminating an employee?

08/27/2010
Q. Our church day care center hired a woman who—we later found out—was living with a man who was married to someone else. Our director had a moral problem with this situation and terminated her. I think the termination was illegal. Was it?

Riffed Latrobe staff wants EEOC inquiry: Was bias involved?

08/27/2010

Like many municipalities, the city of Latrobe is struggling with falling revenue. City Manager Rick Stadler attempted to address the city’s shortfall by eliminating six clerical positions, while the Office of City Administration cut two staffers. Now all eight employees have requested an EEOC probe into the terminations to determine if they violated anti-discrimination laws.

Fired for dozing, employee may still get unemployment

08/27/2010
Don’t expect to escape unemployment compensation liability if you fire someone for sleeping on the job. If the reason is an underlying medical condition, the employee may be able to prove she wasn’t fired for cause.

Positive drug test? Get worker to admit drug use, too

08/27/2010
Here’s a step you can take to guard against challenges to your drug-testing procedures. When you tell an employee he failed the test, get him to admit he used drugs. That can ensure he doesn’t receive unemployment compensation.

When the riffed ‘group’ is just one worker, expect a lawsuit

08/25/2010

When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72. Now she is suing the borough for age discrimination.

Overwork not enough reason to quit, collect unemployment

08/25/2010
Employees these days are working harder and longer than ever. And that can be stressful. Some employees may believe they can escape the pressure by quitting because of stress and applying for unemployment compensation benefits. That usually won’t work.