Terminations

Employee claims bias after transgender dispute

01/28/2016

A woman fired from a Children’s Lighthouse Learning Center franchise in Katy, Texas, is suing her former employer after refusing to address a transgender child as a male.

Can you terminate for off-the-clock activities?

01/21/2016

When can you legally terminate a worker for what he or she does on their own time? The answer is an unsatisfying, “It depends.”

Former Highmark exec sues insurer for $32M

01/04/2016

Kenneth Milani, former chief executive officer of Pennsylvania’s largest health insurer Highmark, is suing the company in the wake of his 2012 firing for lying about his relationship with a married Highmark employee.

Contradictory reasons for firing can backfire

01/04/2016

Before you decide to terminate employees for budgetary reasons, make sure you are prepared to justify that rationale. Otherwise—and especially if you provide other reasons later—your motivation may look suspect if the employee sues.

When terminating for insubordination, thwart lawsuit by lining up witnesses

01/01/2016

Always document (in great detail) the incident that prompted a firing. Also, gather as many eyewitness accounts as possible. More witnesses equal a better foundation for your case.

Can we fire employees we just learned are registered sex offenders?

12/16/2015

Q. Management wants to implement a zero-tolerance policy with respect to employing registered sex offenders. Recently, we conducted an internal investigation and determined that three current employees are registered sex offenders. Management wants to terminate those employees immediately. Is that legal?

Boss comments don’t excuse employee violations

12/09/2015

Supervisors sometimes make comments that in retrospect may have been insensitive. That doesn’t mean an employee has a “get out of jail free” card for misbehaving. You can still discipline an insubordinate employee.

Risky firing? Consider quick reinstatement

12/09/2015

Sometimes, you realize you made a mistake with an employee. When that mistake could be fixed with a prompt offer to reinstate a fired worker, it’s best to make the offer sooner rather than later. As one employer recently learned, waiting until after the jury tells you how much you owe in future lost wages will be too late.

How to handle recently uncovered work problems

11/23/2015

Sometimes, it looks like an employee has been performing just fine—until someone discovers that her work was really subpar all along. Before you discipline or fire the worker, document what you discovered (and when) so you can explain away prior good performance reviews.

Dishonesty at any level? You can fire

11/13/2015

Employees terminated for dishonesty aren’t entitled to unemployment compensation benefits. And being dishonest can involve breaking company rules to gain an advantage even if there’s no direct theft involved. Just be sure that before you terminate the worker for breaking the rule, you document the incident and can explain why you believe she acted dishonestly.