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Terminations

Beware fiscal trouble as justification for RIF

08/22/2016
Clearly document any economic reasons for discharging older employees. Be especially careful if you are keeping younger workers who may earn more than the older employees.

Protect your right to terminate higher-ups with broadly worded ‘for-cause’ clause

08/22/2016
Most of the people who work for you are probably classified as at-will employees, but some high-level employees may work under written employment contracts that cover such issues as trade secrets and the employee’s right to compete with you after termination.

Good worker, bad attitude? Fire if you must

08/15/2016
You may have to fire an otherwise good worker if his attitude is bad enough. Be sure to document the misbehavior.

Minnesota legislature overhauls Veterans’ Preference Act

08/15/2016
The Minnesota state legislature has made significant employer-friendly changes to the veterans’ preference law that state, county, and municipal governments must follow, making it easier to terminate employees who aren’t working out.

Artful wording doesn’t alter WARN Act intent

08/15/2016

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

Minnesota state wage law allows wrongful discharge suit

08/15/2016
A Minnesota appeals court has ruled that workers fired for refusing to go along with Minnesota Fair Labor Standards Act (MFLSA) violations can sue and recover damages.

Different severance OK–if there’s a legal rationale

08/11/2016
When planning a reduction in force, you can offer different employees different severance payments—as long as it’s based on a nondiscriminatory reason, such as length of service.

More confusion as NYC amends displaced workers act

08/11/2016
New York City Mayor Bill DeBlasio has signed an amended version of the city’s Displaced Building Service Workers Protection Act into law, a move that may not mollify critics of the original law.

Beware giving contradictory reasons for discharge

08/09/2016
Want to terminate an employee? Make sure that if you state a reason, you do so consistently.

Resignation without explanation? That means no unemployment benefits

08/01/2016
Employees who quit their jobs for a compelling reason but who don’t give their employers a chance to fix the problem aren’t eligible for unemployment compensation benefits.