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Terminations

Assess ADA disability against average ability

04/25/2013
The ADA doesn’t cover everyone who has any kind of medical problem. Even something like complete deafness in one ear may not be enough to make an employee disabled.

Avoiding lawsuits: 6 secrets from the other side

04/23/2013
First impressions are important, but when it comes to preventing employment lawsuits, it’s typically the last impression that employees have at work that matters most. Terminations are the biggest flashpoint for employment lawsuits, and it’s where supervisors and HR professionals seem to make the most mistakes.

Poor performance–properly documented–warrants termination

04/15/2013
In almost every case, clearly documented poor performance will trump discrimination allegations. That’s especially true if you can offer examples going back a reasonable period of time.

New case shows legal risks of ‘papering’ fired employee’s file

04/15/2013
When preparing to terminate a worker, you want to be able to produce the most solid documentation to defend a potential lawsuit. Just make sure supervisors know to document employee performance and behavior at the time it occurs—not just before or after the employee leaves the building.

Terminated worker won’t return property

04/12/2013
The problem: A terminated employee fails to return company equipment, such as a laptop. How do you get it back? You have different options to consider, depending on your state’s laws.

When considering pay cuts, weigh the risk of being on the hook for unemployment benefits

04/11/2013
Sometimes, employees quit in a huff over a pay dispute and then try to collect unemployment compensation benefits. They may argue that a pay cut justified their resignation. But unless the reduction is substantial—usually greater than 20% of previous pay—the resignation wouldn’t be justified.

FMLA leave + Facebook + fraud = fired!

04/11/2013
You’ve been warned not to discipline employees for their Facebook rants about the company. (That could be “concerted activity.”) And you have to be careful not to use Facebook info when hiring. (That could be discrimination.) So can employers really use Facebook for anything these days? Yes, you can.

HR should have last word on terminations: Supervisor bias can taint firing decisions

04/10/2013
For harried HR professionals, the temptation may be strong to quickly rubber-stamp supervisors’ termination recommendations. But that’s an unwise move, which became even more legally dangerous with a 2011 Supreme Court decision.

Can HR professionals be fired for insisting on legal compliance?

04/03/2013
Have you ever been frustrated that your CEO doesn’t seem to care about the FLSA, FMLA, ADA or any other of those magic compliance acronyms? What if the boss gets tired of your compliance complaints and sends you packing?

Older worker too slow? Firing isn’t age bias

04/01/2013
Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.