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Terminations

‘Suspicion’ not enough to win discrimination suit

10/01/2006

Employees need more than a hunch that their employer discriminates based on age. They need some kind of proof …

Insubordination policy trumps progressive discipline

10/01/2006

Many employers who have progressive discipline and no-fault attendance programs believe they must stick to progressive discipline for every attendance infraction. But that’s not so …

Hostile work environment depends on nature of job

10/01/2006

Some jobs are more difficult than others, and employees who choose to work in tough fields may have to develop a thicker skin. When it comes to deciding whether a work site fosters a "hostile work environment," courts typically decide whether harassment is objectively abusive based on the circumstances of the worker’s job …

No immigration papers = No unemployment check

10/01/2006

Texas employers who fire employees for failing to comply with federal immigration laws needn’t fear that doing so will mean that the employees can later collect unemployment compensation payments. When employees are terminated because they have not provided work authorization papers, you can protest the unemployment application on the basis of "misconduct"…

Executive exemption requires true hiring/firing authority

10/01/2006

Before you classify supervisors as exempt executive employees, make sure you’ve given them enough authority to make that classification stick. That means delegating true hiring/firing power with the clear understanding that your organization will typically follow the supervisors’ recommendations …

‘Firing manager’ should be same one who did the hiring

10/01/2006

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road …

Don’t bait worker into insubordination; It’ll smell like bias

10/01/2006

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate …

Apply personal touch to firings; don’t use e-mail

10/01/2006

Everything is done by e-mail these days, but the American worker still isn’t ready yet to be fired that way …

Staff who quit over benefit changes can earn unemployment

10/01/2006

Before making big changes to your benefit plans, calculate the cost savings against the possible cost of paying your share of unemployment compensation for employees who quit in protest over those benefit changes …

Employee blogs raise privacy, confidentiality issues for employers

09/01/2006

Most organizations have comprehensive Internet, e-mail and electronic communications policies that spell out what’s acceptable usage and what’s not. But few employers have addressed a growing problem: the proliferation of employee Web logs, or "blogs" …