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Terminations

Financial reasons behind layoff? Make certain you can prove it

03/01/2008

When economic downturns lead to layoffs, companies can expect former employees to be bitter—and maybe even angry enough to look for reasons to sue. Before you announce layoffs, document the internal business evaluations that led to the terminations. That way, you will be ready if a lawsuit seemingly comes out of nowhere …

When transition looms, note employee interest in staying on

03/01/2008

In uncertain economic times, employers sometimes have to cut staff and redraw org charts to stay competitive. Employees often know far in advance that change is coming—and that they may lose their jobs. And some already may be looking for ways to “get back” at their companies via lawsuits …

Discrimination costs grocery chain $40,000

03/01/2008
Eugene Gates Jr. had worked as a meat slicer in a Charlotte grocery store for nearly 40 years when it was purchased by Compare Foods, of Freeport, N.Y. Shortly after the buyout, the company cut his hours in half and gave his shifts to a young Hispanic worker, telling Gates the company needed someone who could better relate to the store’s customers …

Recouping training costs when workers leave

03/01/2008
Q. It costs a lot to train new employees, so naturally we are upset when those employees leave. They benefit from the training, and we are out the cost. Can we recover training costs if an employee leaves? …

Ants in his pants—But can you fire him?

02/26/2008
The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. You should specify what off-duty activity is prohibited in terms of unbecoming, immoral or illegal behavior …

Make sure employment contract language spells out employees’ ‘at will’ status

02/01/2008

Does your organization use an employment contract for some employees? If so, does that contract specify that either party can terminate the agreement for any or no reason at all? If not, insert that language right away. It will help you retain maximum control over the work force while benefiting from having the other terms and conditions in writing …

State to outsource info tech work to private contractors

02/01/2008

Two hundred state workers stand to lose their jobs after Gov. Sonny Perdue decided to move Georgia’s information technology work to the private sector. His plan will consolidate 11 state agencies, comprising about two-thirds of the executive branch’s IT spending, under the Georgia Technology Authority …

The risk of references

02/01/2008

Q. May a former employee sue me for giving a bad reference? …

A tale of one city, two mayors

02/01/2008

Former employees of ousted Anderson Mayor Kevin Smith have filed a lawsuit seeking to keep Smith in office, claiming his successor, Kris Ockoman, did not meet the city’s one-year residency requirement before running for office …

Secret to winning lawsuits: Track all progress, discipline

02/01/2008

The time to prepare for a discharge lawsuit is long before it’s filed. Know that someday, someone will sue you. Prepare accordingly. You won’t know who will sue, or what protected class they will belong to, so you should cover all your bases. That means tracking the progress of every employee and every disciplinary action you take, no matter who the employee is …