Terminations

Was that really a layoff, or just an excuse to get rid of a squeaky wheel?

08/09/2017

The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Got a good reason for firing? Then stick with it–or risk a lawsuit

08/03/2017

Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.

Budget crisis is valid reason for termination

08/03/2017

Courts don’t want to be in charge of running your business. Generally, if you can put forth a genuine, legal rationale reason for an action—such as terminating an employee for budgetary reasons—courts aren’t going to step in.

When discipline is suddenly harsher than usual, document details that explain why

07/31/2017

When you set out to discipline a worker for breaking a rule, prepare a report that tells the whole story. That’s especially important if you need to justify why one employee received a harsher punishment than others who, in the past, may have committed similar offenses.

Clearly spell out performance expectations

07/31/2017

Make sure your managers and supervisors clearly and formally communicate their performance expectations. A performance review that criticizes alleged poor work based on expectations that weren’t clearly communicated can become the basis for a lawsuit.

Laying people off? Better have answers for them

07/27/2017

HR executive and trainer Paul Falcone has offered solid sample answers to the questions you never thought you’d have to hear.

Sometimes you simply must fire whistleblower

07/21/2017

Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.

Warning! One firing can bring many lawsuits

07/03/2017

Just because you win one of several lawsuits over a termination, that doesn’t mean remaining matters will be automatically dismissed. It may not matter that one judicial decision might support your stated reason for firing the employee.

Isolated comments not enough for lawsuit

06/28/2017

Worried about how to handle offensive co-worker comments? You certainly want to discourage such behavior and make clear it must stop. However, take comfort in knowing that a few stray comments over time won’t cost you a hostile work environment lawsuit.

Progressive discipline is great, but retain the right to fire immediately if necessary

06/26/2017

If you have a progressive discipline system, give yourself some wiggle room. Make sure you retain the right to immediately terminate an employee when necessary.