• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

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.

Weigh all the risks of bringing criminal charges against terminated employee

03/26/2019
Sometimes employee misbehavior is so egregious that you’re tempted to call the police. But you should think twice before filing criminal charges against a former employee. Consider all the possible consequences.

Carefully document customer complaints if they might be used to justify termination

03/12/2019
If your employees can be terminated because of customer complaints, make sure you have a reliable method for tracking those complaints. Be sure to include as many details as possible.

Need to lay off older employee? You can do so without violating age discrimination laws

03/06/2019
Eliminating an older worker’s job doesn’t necessarily mean you are committing age discrimination—as long as you don’t replace the worker with someone substantially younger.

No absolute requirement to notify laid-off workers that their jobs are open again

02/22/2019
Sometimes, workers who are laid off are told they’re eligible for rehire. But absent a specific promise to call if there’s a job opening, employees can’t wait months or years to complain about discrimination when they discover the job was open and someone else filled it.

Go to jail, get fired, collect unemployment anyway

01/31/2019
Employees who engage in misconduct generally aren’t eligible for unemployment benefits. But that doesn’t mean a blanket rule that calls for firing anyone who is incarcerated will automatically rule out unemployment compensation.

Document precise reason for termination

01/02/2019
Detailed documentation is your best defense if a fired employee sues for discrimination. You will be able to show that your reasons were not motivated by bias.

Employee’s decision to file lawsuit in justice court may backfire

12/04/2018
A worker can’t add additional claims to her case on appeal that go over the dollar limit for justice court cases.

Always record the date when you made a decision to fire

12/04/2018
Do you note the date and time of every termination decision? If not, you should.