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Terminations

Are you obligated to investigate before firing? For at-will employees, you have discretion

09/12/2017
What kind of investigation, if any, is required before an employer can fire a worker for what it believes is some kind of misconduct?

Beware the perils of firing because of political speech

09/07/2017
Recent incidents have raised questions about how private employers handle employees with unpopular political views and what legal hurdles they may face.

Date of firing notice–not last day of work–determines when discrimination occurred

09/07/2017
An employee who believes she has been fired for discriminatory reasons has the right to sue her employer as soon as she receives a termination notice. That’s true even if the termination isn’t yet effective.

Beware trumped up reasons for firing

09/07/2017
Sometimes, it is up to HR to stop bosses from doing the wrong thing—for example, when he is frustrated because he has to accommodate a disabled worker’s medical restrictions. If the supervisor comes up with an obviously implausible reason to fire the worker, expect trouble.

Beware discipline right after employee files lawsuit

08/30/2017
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.

What’s good enough to win one case might be a loser when applied to a different claim

08/30/2017
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

EEOC on the way? Prepare your supervisors

08/24/2017
If you haven’t had to interact with EEOC investigators yet, chances are you will eventually. And a supervisor who hasn’t been properly prepared to deal with EEOC investigators can sink your case fast.

Consider paying a little extra on termination

08/21/2017
Do you think you may have slightly underpaid an employee who is being terminated? Paying her a little extra as she heads out the door may fix that problem without penalty, based on California wage payment rules.

Never mention workers’ ages when discussing reduction in force

08/21/2017
What not to do when closing down offices in which workers are older than the company average: Mention that eventually you may be able to hire younger replacements at lower cost. That’s just asking for a lawsuit.