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Terminations

Yes, you can fire for working off the clock

02/20/2013

Some employees refuse to follow rules prohibiting off-the-clock work. Some—insisting they can’t complete their work any other way—may clock out and then return to work. That puts employers at risk for wage-and-hour lawsuits. You don’t have to put up with it.

Personal business at work? That’s misconduct

02/20/2013
Employees who violate rules against doing personal business at work are engaging in misconduct. That can make them ineligible for unemployment compensation benefits.

Economic conditions require worker layoffs? Be honest about reason for termination

02/20/2013
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.

ADA: Firing OK if health problem is minor

02/20/2013
Firing someone because you be­­lieve he has a disability violates the ADA under some circumstances, but not all. If the disabling condition is transitory and minor, you can terminate without violating the ADA.

Good performance reviews don’t outweigh later discipline

02/20/2013
Sometimes, an employee does something so outrageous that you have no choice but to fire her. If she sues, you may worry that her past good reviews will create trouble. They won’t if you documented the incident leading to the discharge.

Conditions intolerable? Employee may quit and sue

02/07/2013
An employee who works in outrageous conditions can sometimes quit, claiming she had no choice, and then sue for her “discharge.” However, most of those suits don’t get very far.

When it comes to discrimination lawsuits, the clock starts ticking with firing date

02/07/2013
A federal trial court has reiterated that the important date for filing deadlines is not when an employee learns he was discriminated against, but when he was fired. Employees have to file their EEOC complaint within 300 days of discharge or they lose the right to sue.

How to create a valid severance agreement: Sweeten the pot above and beyond the usual

02/07/2013
To prevent lawsuits over layoffs, employers often offer a severance agreement that requires the employee to waive the right to sue. When those agreements involve older workers, they have to meet very specific legal requirements.

Remind bosses: No comments on FMLA use

02/07/2013

Some managers and supervisors just can’t seem to resist offering “helpful” career advice to subordinates. That’s especially true for workers they may see as less devoted to their work than old-school employees. But a remark concerning absences covered by the FMLA may well be viewed as interference with a protected right.

Employers get to choose cost-cutting moves

02/01/2013

In tight times, employers must explore every cost-saving option. After looking at several ways to balance the budget, you may decide you need to trim the workforce. Don’t be surprised if a laid-off em­­ployee sues.