Terminations

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.

Get resignation in writing before accepting it

03/29/2013

When employees quit, always ask them for a written resignation.

You could personally pay for FMLA violations

03/29/2013

Some federal labor laws provide extra incentive for managers to understand how to administer them. The FMLA is one of those laws. It provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement.

Base firing on solid evidence of wrongdoing

03/25/2013

Solid, substantiated and legitimate reasons for firing someone almost always trump bias claims based on a few isolated slurs—even when the trash-talking comes from a supervisor.