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Terminations

COBRA notices: Lessons from 3 recent court rulings

04/01/2006

Court rulings periodically alter your responsibilities in offering COBRA continuing health coverage. Keeping abreast of those changes helps you stay in compliance and out of court …

Design smoker surcharges to cut costs, preserve morale

04/01/2006

More employers are increasing health premiums for smokers as a way to cut health costs. Such surcharges can trim costs, but implementation mistakes can alienate employees and hurt morale. Use the following tips to design smoker surcharges that reduce the most costs with the least employee backlash …

No need to announce reasons for firing

04/01/2006

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference? —A.L., Arkansas

Prevent employee anger before it starts: 5 tips

04/01/2006

One wrong move (especially during the firing process) can send employees running for courthouse. Teach supervisors to avoid unnecessarily angering employees by pointing out the following common mistakes …

Nonrenewal of Contract After Whistle-Blowing May Be Illegal

03/01/2006

Don’t assume that just because you hire people as independent contractors, you can’t be liable for wrongful termination if you don’t renew their contracts. As a new court ruling shows, if an employee blows the whistle about some potentially illegal activity at your workplace, you could trigger a retaliation lawsuit by failing to renew his or her contract …

Know the Legal Boundaries of Employee Lie-Detector Testing

03/01/2006

In most cases, requiring private-sector employees to take polygraph tests will create more harm than good. That’s because the Employee Polygraph Protection Act makes it illegal to "require, request, suggest or cause an employee or prospective employee to take or submit to any lie-detector test," except in limited circumstances …

Steer Clear of ‘Take It or Leave It’ Early-Retirement Offers

03/01/2006

If you plan to lay off employees, structure early-retirement offers carefully to avoid age-discrimination lawsuits. In particular, avoid making "take-it or leave-it" offers that force employees to choose between resigning with a severance package or being terminated …

Capture knowledge from key people before they exit

03/01/2006

Your organization could lose critical knowledge if certain employees leave. Yet, top management often hesitates to address that risk. By taking steps to capture "at risk" information, you build a stronger organization … and boost your own standing …

Don’t guess about a worker’s condition; test and inquire

02/01/2006

If you treat employees as if they’re disabled, they’ll garner ADA protections even if they’re healthy as horses. Wait for skills testing and medical results to determine an employee’s condition; don’t make snap judgments …

State law decides if workers can see personnel file

02/01/2006

Q. Are we required to let terminated employees come in and view their actual personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file. —T.M. California