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Terminations

Track your fair and equitable discipline to prove you don’t discriminate

07/27/2012
Even an employee who was terminated for good reasons can win a discrimination lawsuit if she can show that someone outside her protected class wasn’t fired for the same transgression. That’s why you must track all discipline.

HR, IT must work together: Document when, why computer systems crashed

07/27/2012

Why should HR worry about what the IT department does? After all, you’re about people; they’re about hardware and software. But there is one time when HR must collaborate with IT, and that’s when the computer system crashes. All manner of HR mayhem can ensue, and you had better be able to explain it.

Separate who approves FMLA, who disciplines

07/27/2012
Make sure someone other than the supervisor who ordinarily disciplines an employee is responsible for approving and administering FMLA leave. By separating those functions, you minimize the risk that an employee might be able to connect FMLA leave with an adverse action such as termination.

Consider ADA before applying tardiness rules

07/27/2012

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

After surgery, look for ways to accommodate employee

07/25/2012

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just be­­cause she’s used up her FMLA leave and still needs help during recovery.

Federal court to decide: Does firing a pregnant employee violate public policy in N.C.?

07/25/2012
A federal court has said it will soon decide a case that may make pregnancy discrimination illegal in North Carolina. At issue is whether North Carolina employers are liable for wrongful discharge if they fire a pregnant woman from her at-will job.

Reconsider if complaint that led to firing is recanted

07/24/2012
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

Weigh employee’s good-faith intentions before contesting unemployment benefits

07/24/2012

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Can we lay off a department and require reapplication?

07/24/2012

Q. I recently read about an employer laying off an entire division and then making those employees reapply for newly reconfigured jobs in that division. This sounds like a good way to get rid of deadweight and lower our payroll. Are there any legal problems with this? Will those who don’t reapply still be eligible for unemployment compensation?