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Terminations

Fire at will: The last straw doesn’t have to be the same for all employees

12/04/2009

Some employees who break rules believe they’re immune from firing if someone else committed the same infraction and didn’t get fired. That’s simply not true. What may be a firing offense for one employee doesn’t have to be the last straw for every other employee. The key is to document—at the time—why you made the decision so you can later explain the difference between the two situations.

North Carolina Supreme Court rules: No unemployment with voluntary early retirement

12/04/2009

Employees who decide to accept their employer’s offer for early retirement can’t also collect unemployment compensation. So said the North Carolina Supreme Court in a decision based on a simple concept: The employee would still have a job if he or she hadn’t chosen instead to take the enhanced retirement benefits offered as an incentive to leave early.

How does the Texas job reference law affect what I can say about former employees?

12/03/2009

Q. I recently received an inquiry for a reference regarding a former employee. Does the job reference law alter what I should disclose regarding this person’s employment history?

Discipline ‘protected’ employee—but document why you treated similar offenses differently

12/03/2009

When it comes to discipline, the primary rule is to treat similar rule violations alike. That means you’ll have to punish all kinds of people for misbehaving, even if they’re members of a protected class. Don’t hesitate to do so if their behavior warrants it.

Noose, slurs lead women to sue for discrimination

12/03/2009

Two former employees of Trey Industries are suing the commercial construction company, claiming they were fired after complaining about racism they experienced while working at a Marathon Oil facility in Texas City.

After the deluge: Hurricane Ike washes up an age bias lawsuit

12/03/2009

A former employee of the University of Texas Medical Branch (UTMB) in Galveston has filed a lawsuit alleging he was fired last year because of his age. Thomas Galan claims he was let go at the age of 53 after Hurricane Ike forced UTMB to temporarily shut down in September 2008 and lay off hundreds of employees.

OK to terminate employee who is psychologically unfit to perform stressful job

12/02/2009

When stress is a built-in part of the job, it stands to reason that sound mental health is a prerequisite. Someone whose psychological disorder interferes with the ability to perform such a job isn’t qualified and can be terminated.

Words matter—and can come back to haunt employers sued for age discrimination

12/01/2009

In difficult economic times like these, employers try everything they can to wring greater productivity and profits from employees and work processes. It’s not easy. There’s often resistance from employees who have grown accustomed to doing things the same way they always have. And some of the most intransigent of those employees may be your older workers—and that means potential for legal trouble.

Can termination be a family affair?

11/25/2009

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally fire the daughter, as well?

When religious needs conflict with schedule, shift swaps may be reasonable accommodation

11/25/2009

Many employers make it easy for employees to swap shifts if they consider their hours undesirable or inconvenient. Employers may do this by preparing the schedule well ahead of time and posting it where employees can easily see it. That makes it easy for management to know who is swapping with whom and to approve swaps arranged between employees. A shift-swap policy may also be all you need to win a religious accommodation lawsuit.