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Terminations

Employment Contracts

01/03/2010

HR Law 101: Some employers and employees choose to enter into an employment contract. Usually the worker is seeking job security, while the company wants to protect its trade secrets and sales territories. However, if you sign an employment contract, you may find that you’ve given away more than you bargained for …

Sample Policy: Terminations

01/01/2010
The following sample policies were excerpted from The Book of Company Policies, published by HR Specialist. Edit for your organization’s purposes. _____________________ Sample Policy 1: “There are two ways to terminate employment: voluntary and involuntary. Voluntary terminations include resignations, retirement, failure to return from leave, failure to report to work for three consecutive days without […]

Evaluating employee before return to work? Know difference between medical, agility tests

12/25/2009

Under the ADA, employers aren’t allowed to subject employees to medical tests unless they can prove that the examinations are job-related and consistent with business necessity. However, they can ask employees to perform agility tests. The line between the two is difficult to find. But get it wrong, and you may have an ADA discrimination case on your hands.

You don’t have to put up with insubordination

12/24/2009

Employees who file discrimination complaints sometimes end up with a chip on their shoulders while the complaint is pending. And since they know it’s illegal for employers to retaliate against them, they’re on the lookout for anything that seems like punishment. But that doesn’t mean employers have to shy away from disciplining those employees when it’s deserved.

When firing employees, take reasonable security measures

12/24/2009

Some employees get mad when they learn they’re being terminated. Some may even try to abscond with valuable company property or records as a way to retaliate for losing their jobs. That’s why employers should take reasonable measures to protect records and property—even if that means escorting the fired employee out of the building and preventing access to work spaces and equipment.

Drunken worker injured? Discipline right away

12/24/2009

Employees who come to work under the influence of alcohol are obvious safety risks. If workers are impaired, don’t hesitate to act promptly. Waiting until someone gets hurt could backfire badly. Courts may view the delay as suspicious and assume you’re fabricating a reason to fire the allegedly intoxicated worker.

Daimler Truck workers get federal unemployment assistance

12/24/2009

Laid-off Daimler Trucks North America workers at the company’s Gastonia plant are eligible for assistance under the Trade Adjustment Assistance Act, which provides extended unemployment compensation benefits to workers who lose their jobs because of competition from imported products.

Employee’s still out after 12 weeks of FMLA: Can we fire?

12/23/2009

Q. If an employee exhausts his 12 weeks of FMLA and still isn’t able to return to work, should we terminate his employment immediately?

Pregnancy Discrimination Act doesn’t cover child care woes

12/23/2009

The Pregnancy Discrimination Act (PDA) protects employees from discrimination based on pregnancy and related medical conditions. It doesn’t, however, let new mothers take off work when child care arrangements fall through, as the following case shows.

Firing due to ‘romantic tension’: Is it sex bias?

12/22/2009

When co-worker relationships break up, tensions can boil over in the workplace. Back-stabbing and name-calling may play out in the office—and that may require discipline. When that happens, investigate thoroughly. But watch out for discipline that looks suspiciously like discrimination against just one of the former lovebirds.