Terminations

Don’t wait for prosecution: Fire violent worker

12/08/2014

Has an employee been arrested for threatening behavior involving a co-worker? You don’t have to wait for the criminal trial and conviction to discipline the employee. You don’t even have to reconsider if the police drop the charges. What matters is that you have an honest belief that the employee broke company conduct rules—even if you end up being wrong.

Quitting in anticipation of being fired bars benefits

12/08/2014

An employee who quits because he thinks he may be fired isn’t usually eligible for unemployment benefits. If there was still work available, quitting would have been unreasonable.

When disciplining, focus on words and actions

12/02/2014

Judges don’t expect you to put up with potentially dangerous employees. But if an employee believes he’s really being punished for something other than behavior, be careful. Focus on the employees’ actual behavior, not subjective “feelings” you got when observing him.

Dress Codes

12/01/2014

HR Law 101: Workplace dress codes touch on a variety of issues, including workplace safety, freedom of speech, personal hygiene, customer relations, religious freedom, the minimum wage and racial and gender stereotypes. Employers have a number of legitimate reasons for imposing a dress code, but court rulings have limited their options…

Getting the most out of exit interviews

11/24/2014

A team member’s departure offers a valuable opportunity to see how well the team is working and what might be done to improve conditions for future employees. Here are some guidelines to follow to get the most out of this conversation.

HIPAA: Compliance Rules

11/15/2014

HR Law 101: The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made changes to three areas of the continuing-coverage rules that apply to group health plans under COBRA …

Sloppy firing leads to suit? Offer reinstatement

11/10/2014

Here’s a tactic to limit the damage in a case of a firing gone wrong: Unconditionally offer to reinstate the employee. If she declines, you may not have to pay future lost wages after the offer date. The key is making sure there are absolutely no strings attached to the invitation to return to work.

No need to satisfy every gender-bias demand

11/05/2014

Of course you should strive to keep your workplace free of discrimination, but you don’t have to satisfy unreasonable equity requests.

Firing whistle-blower? Prepare for court

10/31/2014

Generally, Pennsylvania employees who aren’t union members or don’t have a written employment agreement are at-will employees who can be fired for any reason or no reason at all. There’s one major exception: Employers can’t fire at-will employees because of their protected characteristics. But there is a second exception gaining prominence in court cases.

Seizure disorder raises safety issue: Can we fire?

10/23/2014

Q. A new employee just told us she has a seizure disorder. Our facility works with vulnerable adults and the new employee would be required to drive them. This poses a risk potential for the client’s safety. Can we terminate this person or do we need to figure out an accommodation? The employee hasn’t asked for any yet.