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Terminations

Know the limits of employee free speech—no need to tolerate out-of-line protests

06/26/2009

Employees have the right to voice concerns and complaints about perceived workplace discrimination. But employers have rights, too. Employees don’t have the right to communicate their concerns in ways that are disruptive, insubordinate or that otherwise violate reasonable company policies. You can punish employees who don’t play by the rules.

Easy come, easy go: Political appointees have little room to blame firings on bias

06/26/2009

In a pair of 3rd Circuit Court of Appeals cases, the court has made it clear that it has little tolerance for political appointees who clearly understand they serve at the pleasure of their elected officials and still sue when they are terminated, alleging some form of discrimination.

Exonerated, gone anyway: You can independently assess misconduct

06/26/2009

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal. That means employers still have the right to make their own decisions about conduct and what they believe happened.

Use ‘fresh-start’ policy to cut retaliation risk

06/26/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

Remind managers: Keep stereotypes to yourself

06/26/2009

Here’s a simple rule of thumb: Managers and supervisors should never comment on any aspect of an employee’s sexuality, the ability of men and women to get along or be managed by the other sex, or the relative age of employees. It’s too easy for employees to misinterpret those comments—leading to an expensive lawsuit.

HR decisions don’t have to be based on foolproof evidence—just good faith

06/26/2009

It’s emotionally difficult to terminate someone, especially in this economy. You may be tempted to drag out the process until you’re absolutely sure the employee broke a rule or committed a serious infraction. Don’t agonize unnecessarily about the decisions you have to make. As long as you act in good faith, you don’t have to be absolutely right about the underlying facts.

Statesville Compare Foods settles bias claim with EEOC

06/26/2009

For the second time in a year, a North Carolina Compare Foods store has settled discrimination charges with the EEOC. As in the earlier case, this one—involving a store in Statesville—involved accusations that workers had been fired because they weren’t Hispanic.

How to terminate employees who have been out on workers’ comp

06/26/2009

Terminating an employee who has been out on workers’ compensation leave is a high-stakes process. How well you handle it can affect your ongoing workers’ compensation liability—and could also subject you to claims of wrongful discharge or retaliation. It’s made all the more complex by the fact that your workers’ comp carrier’s goals may conflict with yours.

If we fire a lazy employee, will she be eligible to collect unemployment benefits?

06/26/2009

Q. We have an employee who does not work very hard, and her productivity is only mediocre. If we terminate her, will she be able to collect unemployment compensation?

Faced with explaining itself to a jury, hospital settles

06/26/2009

According to the EEOC, Pittsburgh-based Lifecare Hospital showed a remarkable lack of compassion when it fired business manager Diana Altieri-Hand, who had cancer at the time. Saner heads prevailed once hospital officials contemplated the prospect of a hospital justifying to a jury why it mistreated a cancer patient.