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Terminations

Has the recession motivated your employees?

02/26/2009

Nearly two-thirds (63%) of respondents say the economic nose dive has not had any effect on their motivation at work, according to a survey by global talent assessment firm SHL.

‘Will work for less!’ Be wary of reduced-comp pleas from desperate employees

02/26/2009

In this brutal economy, desperate applicants—and current workers who believe they may be laid off soon—are trying an interesting tactic: They’re volunteering to work for less pay … sometimes much less. A new court ruling shows why you should take those offers seriously.

Moody’s predicts N.C. job loss in 2009, recovery in 2010

02/26/2009

Economists at Moody’s predict North Carolina jobs will fall by 1.6% in 2009. The steepest declines are anticipated in construction (down 9.3%), manufacturing (– 4.3%) and financial activities (– 2.9%). There will be a few bright spots in the state’s job market, though.

What factors should we weigh when deciding whether to offer severance package?

02/26/2009

Q. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Will I get into trouble for withholding final paychecks from soon-to-be-former employees?

02/26/2009

Q. We’re closing our doors and firing all of our employees. As president, I am considering not paying my employees their final paychecks, even though they have earned that pay. Is this a risk?

Is a doctor’s note enough to prevent us from firing employee who broke call-in rule?

02/24/2009

Q. An employee left work on a Monday due to an illness. She called in sick Tuesday and Wednesday, but we heard nothing on Thursday or Friday. Our policy calls for termination if the employee doesn’t contact us within three days. We posted her job on Friday and decided to terminate her. On Monday, her fiancé called to tell us she was pregnant and had complications that led to a hospital visit. We got a note from her obstetrician saying she’d been examined, but not indicating when she could return. What should we do to avoid any legal fallout?

Beware firing after worker warns about safety

02/24/2009

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Require everyone to report harassment—you’ll be justified firing those who don’t

02/24/2009

If you’re serious about wiping out sexual and other forms of harassment in your workplace, consider adopting a zero-tolerance policy for failing to report suspected or known harassment. By readily disciplining those who ignore that rule, you can create a new climate in which employees really believe you take harassment seriously.

Memo to managers: Don’t embellish reason why employee was terminated

02/24/2009

Tell managers and supervisors not to embellish the reasons for discharging an employee. If they do, they risk the potential for a defamation lawsuit. That may be true even if the former employee is compelled to repeat the allegedly false information.

Cal State Fresno settles coach’s bias claim for $5.2 million

02/24/2009

California State University Fresno has settled a suit brought by a female former volleyball coach who accused the school of sex discrimination. The settlement was reached 18 months after a California Superior Court jury returned a $5.85 million verdict in the favor of Lindy Vivas …