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Terminations

The dangers of playing doctor with employee ailments

07/01/2005
Issue: Supervisors must be responsive to employees’ disabilities, but they shouldn’t overaccommodate them.
Risk: If supervisors voice their own assumptions about the disabilities’ impact, they could spark an ADA lawsuit. …

Should you return pirated software to a fired employee?

07/01/2005

Q. We terminated an employee after we caught him downloading software and movies onto his own CDs and DVDs. After he left, we found discs that contained copied movies in his desk. Now he’s asking for his belongings back. Are we required to return the discs? —D.V.

Maintain ties with laid-off employees

07/01/2005
Don’t just throw those fish back in the water, keep them on a line with smart moves. Examples: A financial firm created a tuition fund for laid-off workers, hoping they would …

Review severance pact for clarity; define ‘for cause’ terminations

06/01/2005
Many employers offer severance to soften the blow of terminations and to buy a little insurance against lawsuits. But for those agreements to be enforceable, it’s important that you define the …

Choose ‘firing words’ carefully; stick to performance

06/01/2005
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Don’t allow managers to issue hasty termination letters

06/01/2005
If you haven’t already, establish a policy that says HR and/or other senior executives must review supervisors’ termination proposals. The goal: Prevent supervisors from making legally dangerous firings out of anger, …

Employee moonlighting: Should you ban it?

06/01/2005
Issue: One in 20 employees moonlights, and a hot labor market offers employees in your shop new opportunities to work second jobs.
Risk: Moonlighting can create tired, distracted employees, plus …

Female employees can sue for ‘potty parity’

06/01/2005
Don’t make different bathroom-break rules for the different sexes. Case in point: A manufacturer’s new factory had only one restroom, which was designed for men. Female employees could use that restroom …

Prevent the damage from employee defections

06/01/2005
Issue: How to stop employees from disclosing confidential data, or jumping to a competitor and stealing your employees.
Benefit: You can stop defectors from raiding your business, but only if …

Remind managers: Base hiring only on job-related reasons

05/01/2005
Issue: Can you place conditions on employment that aren’t related to the person’s ability to perform the job?
Risk: Courts may see such restrictions as illegal “employment blackmail.”
Action: …