Terminations

Think twice before firing an employee for FMLA abuse

03/20/2024

An employee on FMLA leave for their own serious health condition can’t work for you. This doesn’t consign them to sitting at home until their leave is up, however. A federal trial court ruled that an employee on FMLA leave could have her day in court after she was fired for chaperoning her son’s senior trip to Jamaica.

How to Wipe Out Fraud and Abuse Under FMLA

02/16/2024

The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

When terminations are required, always proceed with dignity

02/09/2024

Sometimes, managers must terminate employees even during good economic times. The reasons are many. An employer may choose to move in a different direction, requiring it to shed workers with skills no longer needed now that the mission has changed. Then there’s the case of the underperforming employees you finally decide to let go. Whatever the reason, managers must understand how to fire with dignity. Here are some guidelines to follow.

Nonunion workforce? How union rules could still trip you up

02/01/2024

The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

01/26/2024

Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination.

Voluntary quits rose slightly in 2023

12/04/2023

Voluntary resignations rose 5.3% from 2022 to 2023, according to new research by the iHire online recruiting website. Based on a survey of more than 4,100 workers and employers across 57 industries, 43.4% of employees quit a job in the last 12 months.

Stealth layoff: Beware using return-to-office mandates to encourage resignations

10/10/2023

Perhaps seeing an opportunity to avoid legal peril, some employers have reportedly started requiring employees to return to the office as a back-door way to implement stealth layoffs. The apparent hope: Some workers will refuse to abandon remote work and will quit voluntarily instead of returning to in-person work.

At-will employment, Hotel California-style

07/17/2023

The Eagles’ classic-rock hit “Hotel California” says, “You can check out any time you like, but you can never leave.” A McDonald’s franchisee has allegedly taken that sentiment to another level by posting a sign that forbids employees from quitting.

Biased bosses: Beware ‘Cat’s Paw’ liability for discriminatory firing

07/07/2023

Under what’s called the Cat’s Paw Theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.

Before laying off 100 or more, consider whether WARN Act notification is required

06/21/2023

The federal Worker Adjustment and Retraining Notification Act requires employers with 100 or more full-time employees to provide written notice of impending plant closings and mass layoffs at least 60 calendar days in advance. The WARN Act defines a plant closing as the “permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment.”