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Terminations

For unemployment, there’s stupid, then there’s willful

08/23/2012

Employees are typically ineligible for unemployment benefits if they were fired for creating a hostile work environment. That usually amounts to willful misconduct, which disqualifies them from collecting unemployment. But not every crude or stupid action is serious enough to bar benefits, as this case shows.

Suspect employee is scamming FMLA leave? Investigate–and discipline if it’s true

08/23/2012

When an employee takes FMLA leave because her physician says she’s too sick to work and needs to stay home, it’s natural to assume she’ll follow the doctor’s orders. But what if you discover that she isn’t—and is instead working for someone else during her leave? Can you terminate her? Of course.

Document disciplinary details to show why same violation resulted in different punishment

08/14/2012

You probably have some general rules about what employees are and are not allowed to do. If you’re smart, your rules are flexible enough for you to tailor punishment that fits the crime. Faced with such inherent ambiguity, be sure to document the specifics of all discipline.

Win lawsuits the easy way: Always document discipline

08/14/2012
Smart employers have policies that require supervisors to document all discipline. That documentation can come in handy if a discharged employee decides to sue. The fact is, employers usually win lawsuits if they show they had a legitimate reason for an employment decision.

Employee late submitting FMLA certification? Don’t just fire! Find out why

08/14/2012

Employees are supposed to get FMLA certifications back to their employers within 15 days. But it’s not a good idea to terminate an employee simply because you didn’t receive the paperwork on time. The FMLA regulations include an out for employees who miss the deadline for reasons beyond their control.

Save a life, lose your job

08/14/2012
Lifeguard Tomas Lopez was perched atop his chair at Hallandale Beach on July 1 when he heard calls for help. He sprinted down the beach, dove into the Atlantic and helped rescue a man who was struggling in the surf. The swimmer survived; the lifeguard’s job did not …

New hire requests FMLA? Beware retaliation

08/14/2012
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.

Fired sales rep did not return our iPad! Can we deduct its value from his last check?

08/13/2012
Q. We recently fired a veteran sales representative on short notice. He still has a new iPad that we purchased to help make sales presentations. We have repeatedly asked him to return the iPad, but he is ignoring our requests. Can we now just deduct the cost from his last paycheck?

OK to fire employee who complained, if you have rock-solid discharge reasons

08/13/2012

Some employees assume that complaining about harassment or discrimination will protect them from being disciplined. They may have heard or read that the fear of a retaliation lawsuit will make employers so gun-shy that they won’t crack down on misbehavior. Don’t let employees handcuff you like that.

Fairmont English teacher terminated for name-calling

08/07/2012
What’s in a name? That’s what the Kettering Board of Education asked two years ago after Fairmont High School English teacher Michael Togliatti began calling his students “idiot,” “troll” and “hobbit.”