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Terminations

No, employees can’t sue employers for being ‘unfair’

09/02/2014
Sometimes, it seems as if anybody can sue their current or former em­­ployer and get a day in court. It’s true, anyone is welcome to fill out the blank complaint forms that courts make available to the public. But spurious complaints like this one are usually quickly dismissed.

‘Crimson Tide fan’ not a protected minority in Texas

09/02/2014
A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium.

7 steps to protect against electronic sabotage by former employees

09/02/2014
With nothing more than a few taps on the keyboard, a vengeful ex-employee can cause far more disruption to the workplace than some of your most vocal employees.

If fired employee was truly awful, do I still have to give him final wages?

08/29/2014
Q. I just fired one of my employees for his constant tardiness. Because it is currently in the middle of a pay period, the employee has some wages due to him. When must I pay him these wages, and am I even required to pay him? I mean, I did fire him for being a terrible employee.

Put details in performance improvement plan

08/18/2014
You can’t prevent every lawsuit over a discharge, but you can be prepared. That preparation includes making sure you can point to solid, performance-based reasons for every termination. Lay the groundwork first with a performance improvement plan (PIP) and you will be well on your way to showing the court your decision was based on objective, measurable business reasons rather than some kind of prejudice or discrimination.

RIF that shows racial disparity spells trouble

08/14/2014
Sometimes, business conditions require companies to implement reductions in force. Before you put your HR seal of approval on who stays and who goes, be sure that hidden discrimination isn’t influencing the decisions.

Disability accommodation isn’t working? It’s OK to fire if employee can’t do the job

08/07/2014
Sometimes, a disabled employee simply cannot perform his or her job to the standards you legitimately expect. If you make reasonable accommodations and work with the employee to find a way for the employee to successfully perform the essential functions, you have done all you are required to do.

You lost me at ‘Hello’

08/04/2014
It may have been one of the worst layoff memos of all time. After beginning with a breezy “Hello there,” Microsoft honcho Stephen Elop’s July 17 all-staff email stumbled obliviously downhill.

What employee thresholds trigger need for notification of plant closings?

07/31/2014
Q. I am the owner of several industrial facilities, but recent financial crises have forced me to have to shut down two of these plants. These closings and subsequent layoffs will affect about 600 employees. Am I re­­quired to notify the employees before laying them off?

Don’t tolerate threats and angry behavior

07/31/2014
Sometimes, workplace relationships deteriorate beyond repair. That’s especially true if an employee resorts to angry outbursts or even threats. That’s when it’s time to act.