Terminations

Cost of an age-biased layoff plan: $2.25 million

12/22/2021

If you are planning to terminate many employees in a reduction in force, be sure to assess the possible adverse impact the RIF might have on older workers—anyone age 40 or older.

Beware firing during employee’s FMLA leave

12/22/2021

Generally, employers are free to punish or terminate workers even while on job-protected leave like FMLA if they discover during that time away that the employee wasn’t doing his job. But there’s a caveat. You must be able to show the court that you would have done the same thing if the employee hadn’t taken leave

Why is America ‘the land of quitters’?

12/20/2021

Resignations continue to run at record levels this winter. But the motives for all these departures aren’t new.

Griping about low pay isn’t always protected activity

12/09/2021

Countless federal laws make it illegal for employers to retaliate against employees for engaging in protected activities such as reporting alleged discrimination or unfair labor practices. However, not all employee complaints earn protection against retaliation.

How not to lay off employees

12/09/2021

If you ever have to lay off hundreds of employees, don’t do it the way the CEO of Better.com did on Dec. 1.

No need to tell employee why she was fired

11/29/2021

When terminating an employee, you don’t necessarily have to explain the exact reason for your decision. However, you must still document your rationale at the time you decide to fire. If the employee sues, a court will want to see when and why you arrived at the decision, all documented at the time.

Can you fire employee for saying, “Let’s go, Brandon!”?

11/18/2021

Southwest Airlines is investigating a pilot for saying, “Let’s go, Brandon!” during an in-flight announcement. Southwest sent a reminder to staff that “public expressions of personal opinions while on duty is unacceptable.”

Firing during FMLA leave? Prove FMLA wasn’t reason

11/04/2021

Employees cannot be fired for taking FMLA leave. If you must terminate someone who has taken FMLA leave, be prepared to show it had nothing to do with their leave-taking. Do that by contemporaneously documenting what led to the termination and when you made the decision to fire.

Low-wage resignations are reshaping labor market

11/02/2021

“The Great Resignation” moniker probably overstates the magnitude of the job changes roiling the labor market. However, the employees who are seeking new jobs demand employer attention, according to a new report by the Mercer consulting firm.

How to take the sting—and legal risk—out of terminations

10/21/2021

Is there a “best” way to fire an employee? There is no conversation more traumatic for both the employer delivering the message and the employee receiving it. That said, there are some best practices that can help for all involved.