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Terminations

What can we do if former employee might have taken info to competitor?

11/07/2008

Q. Recently, an employee left our company to join a competitor. When we took a look at his computer, we found deleted e-mails and files indicating he downloaded some valuable information about our customers. We suspect he transferred it to our competitor. He was an at-will employee and we had no employment agreement with him. Is there anything we can do about this?

Multiple reasons for firing? You may want to list them all

11/06/2008

If you decide to terminate an employee who simply won’t follow instructions and is the source of constant trouble, go ahead and provide a laundry list of reasons. As long as the reasons are legitimate, the list will help set him apart from others who may not have been fired for breaking the rules.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation …

Must we offer severance pay?

11/06/2008

Q. We just let go of a new hire after only three months on the job because her performance was not up to our standards. Do we have to provide two weeks’ notice or severance pay?

What should we do once an employee exhausts FMLA leave?

11/06/2008

Q. We are a large company and are dealing with a situation with a sick store manager. He has used up all his FMLA leave and is still not able to return to work. Can we safely terminate his employment now?

One less tune for whistle-blowers to play: Sarbanes-Oxley Act trumps Colorado common law

11/06/2008

Good news: Employees who allege they were fired for blowing the whistle on their employers for activities that violated the federal Sarbanes-Oxley Act can’t also sue under Colorado’s common-law public-policy exception to at-will employment.

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Feel free to alter jobs to suit business needs

11/05/2008

Employers have the right to meet business needs by changing the jobs their employees do, and they can set the minimum qualifications for any new positions they create. It’s the company’s prerogative to then decide whether to replace existing employees with others who meet the requirements.

Can you legally search a worker’s locked desk?

11/04/2008

Employees may think of “their” desks as their own private domains—safe places to keep their own things literally under lock and key. However, employers do have the right to open that locked drawer. When the desk is in an open area shared with other employees, the employee with the key doesn’t have a reasonable expectation of privacy.

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach: