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Terminations

Making economic argument for staff cuts? Better make sure the math adds up

09/21/2012
Here’s something for small business owners to consider when purporting to terminate an employee for financial reasons. If the owner spends lavishly elsewhere, that may be evidence that money was just an excuse for a discriminatory termination.

Court: Reporting student’s threat is protected speech

09/20/2012
A teacher who was fired after filing a police complaint against a student who threatened him at school has won the right to a jury trial.

Track poor behavior even after improvement

09/17/2012

Some employees will permanently per­­form and behave better if they believe their jobs are at stake. But for others, the improvement is only temporary. That’s why it is important to track performance and behavior over time.

Can severance deal address unemployment?

09/17/2012
Q. We want to terminate an underperforming employee and are considering offering a severance agreement in which we agree not to contest unemployment benefits and he agrees to resign and release the company from any claims. Is that OK?

Can you fire an employee for smelling like tobacco smoke?

09/17/2012
Since 2007, when Minnesota’s Freedom to Breathe Act took effect, smoking has been banned in Minnesota workplaces. Now, new studies about the harmful effects of “third-hand smoke” have caused some employers to take their no-smoking policies to new heights.

One way to avoid unemployment liability: Offer time off for medical problems

09/17/2012
In Minnesota, an employee who has a medical condition that prevents him from working can still collect unemployment benefits if he quits. But before he quits, he has to tell his employer about the medical problem so the employer has a chance to offer time off and continued employment when he returns.

Religion, workplace safety tangled up at Le Center bakery

09/17/2012
Dianne’s Fine Desserts faces a complex conundrum after 30 Somali workers left work following a June labor dispute at the commercial ­bakery’s Le Center manufacturing plant. The workers claim they were told to leave. The company says it only barred the workers from the plant floor until they complied with a new dress code.

Employment law features in Toledo courtroom drama

09/13/2012
It’s probably a good thing this case will be heard in Lucas County Court. A former law clerk for the Toledo Municipal Court has filed a lawsuit against the city, the court and six of its judges.

Worker broke no-violence rule? That’s grounds for discharge

09/13/2012
As long as you treat all employees equally, courts won’t second-guess your decision to fire someone for ­violating an anti-violence policy.

Fired for insisting on legal compliance, HR pro will get his day in court

09/13/2012
Here’s some encouragement for HR professionals caught in a seemingly no-win situation. If you are fired for insisting that the company comply with anti-discrimination laws, you probably can sue.