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Terminations

Workplace violence rules out unemployment benefits

10/17/2016
If an employee engages in violent behavior and is fired, she isn’t entitled to unemployment compensation benefits.

OK to voice concern about age as long as you don’t base termination decision on it

10/17/2016
When determining which positions should be eliminated during a reduction in force or reorganization, sometimes supervisors and managers will look at the ages of those likely affected. All by itself, that’s not evidence of age discrimination.

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016
Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.

Prepare to prove firing wasn’t retaliation

10/12/2016
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

Beware close timing between FMLA and firing

10/12/2016
Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.

Ensure early-out incentives are equitable

10/07/2016
Often before an employer implements a reduction in force, it may try to encourage employees to resign or retire by offering early-out incentives.

Use documentation of past violations to justify harsh discipline

09/29/2016
Smart employers catalog every instance of discipline. Those records come in handy if you must fire one employee for breaking the same rule as another employee who wasn’t terminated.

Are you courting a wrongful discharge suit?

09/29/2016
Before firing anyone, ask yourself the following questions to gauge whether you could defend yourself in a wrongful discharge suit.

Prepare to explain budget reason for job cuts

09/29/2016
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

Honest staff hit back at Wells Fargo with lawsuit

09/27/2016
Two former Wells Fargo employees who didn’t cheat in the bank’s ill-conceived incentive scheme to drive new business have filed a $2.6 million class-action lawsuit.