Terminations

Beware discipline immediately after complaint

01/22/2014

Before you authorize disciplinary action against an employee who has just complained about discrimination or harassment, prepare for a legal fight. If you follow through and the employee sues, few courts will quickly dismiss the case.

Progressive Discipline

01/18/2014

HR Law 101: The most reliable way to protect your organization from charges of wrongful discharge is to establish and enforce a system of progressive discipline. Make it clear to all your supervisors that they’re expected to abide by your policy …

Constructive Discharge

01/17/2014

HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy …

It’s business as usual, even after sex change

01/14/2014

If you have an employee going through a sex change or other gender-identity issues, follow the lesson from the employer in this case: Treat such employees as you always have and make sure they aren’t harassed by co-workers. But don’t fear legitimate discipline or an evaluation based on performance.

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions …

North Carolina law allows honest answers to reference requests

01/03/2014

Employers often worry when they respond to requests for an employee reference. They assume if they aren’t upbeat and positive, they may end up liable if the employee doesn’t get the job. Fortunately, that’s seldom a worry if you are honest, aren’t out to “get” the employee and never volunteer any information without first being asked.

Judge: Firing was too harsh for heroin-toting teacher

12/10/2013

A judge ruled that firing a teacher who brought 20 small packages of heroin into a Manhattan Courtroom was “excessive and shocking to this court’s sense of fairness.”

Termination for legitimate business reason trumps FMLA

12/10/2013

Employers can terminate an employee about to take FMLA leave if they have legitimate business reasons that have nothing to do with taking FMLA leave.

Worker won’t sign off on handbook: Can we fire her?

12/04/2013

Q. We just updated our policy manual and are asking employees to sign a standard acknowledgment of receipt form. If an employee refuses to sign it, is that grounds for termination? Or should we just document that they refused to sign?

Fix leave errors before they become expensive mistakes

12/03/2013

Make sure employees receive the leave they’re entitled to under California’s Fair Employment and Housing Act (FEHA). If a supervisor terminates an employee under the mistaken belief she’s at-will and can be fired for poor attendance—when she’s really eligible for medical leave—fix the mistake immediately.