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Terminations

It’s OK to fire in the middle of FMLA leave, but be prepared to show valid, unrelated reason

01/02/2018

Employees who are out on FMLA leave don’t enjoy any special protection against being fired for unrelated reasons. If you can show you would have terminated the worker even if she had not taken FMLA leave, chances are the termination won’t be seen as FMLA interference or retaliation for taking FMLA leave. However, such a move will probably trigger a lawsuit anyway.

Jury gets to decide: Did she quit or was she fired?

12/06/2017

Think an employee’s ultimatum a­­mounts to quitting in a huff? Maybe, maybe not­. If a dispute transforms into a lawsuit, it may be up to a judge or jury to determine if an em­­ployee really resigned or was just blow­­ing off steam.

We don’t want to fire, can we require retirement?

11/15/2017

Q. An older employee has been having significant performance issues during the performance cycle. She is eligible for retirement, but does not want to retire. Can we require her to retire in lieu of termination?

OK to fire if you discover mistakes while employee is out on FMLA leave

11/15/2017

Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.

Beware Texas Occupations Code retaliation

11/15/2017

A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.

8th Circuit rules on preemption

11/14/2017
The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.

Investigating Harassment: How to Determine Credibility

11/11/2017
White Paper published by The HR Specialist ______________________ Most employers understand the importance of doing a fair and thorough investigation when they receive complaints of on-the-job harassment. In-house investigators (usually a human resources manager) often do a good job of interviewing the right people and documenting the interviews but then fall short when it comes […]

Court rules teacher tenure protections aren’t subject to judicial review

11/07/2017
A Minnesota appeals court has dismissed a lawsuit that challenged a state law providing teachers with tenure protection. A group of parents had claimed that the law violated their children’s rights to an education because tenure made it difficult to get rid of ineffective teachers.

Feel free to terminate if you find wrongdoing while employee is out on FMLA leave

10/25/2017
Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.

Intended workers’ comp bid stops at-will firing

10/18/2017
In Pennsylvania, employment is presumed to be at-will, meaning employers can terminate workers for any legal reason or no reason at all. There is one exception, however. The so-called public policy exception provides protection from termination if an employee files a workers’ compensation claim.