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Terminations

Don’t count FMLA against attendance record

06/11/2012
Employers that count FMLA-covered absences against employees are interfering with their FMLA rights. Before you make a final termination decision based on poor attendance, make absolutely sure that you have excluded all possible FMLA leave.

Document exactly why you fired employee

06/11/2012

In this economy, employees who have been fired often resort to litigation. Jobs are scarce and litigation looks lucrative. Smart employers protect themselves by carefully documenting exactly why they fired employees.

Don’t apply ADA to temporary conditions

06/08/2012

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.

Track discipline for equitable punishment

06/08/2012

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

Angry employee announces, ‘I quit!’? Tell him you accept his resignation

06/04/2012

Adjusting to a new supervisor can be hard, especially if work assignments are changing at the same time. It can start to feel like a conspiracy to some employees. If sufficiently frustrated, the employee may quit in a huff. Sometimes, your best bet is to accept that resignation.

Reporter fired for stripping files EEOC discrimination suit

05/30/2012
A former Houston Chronicle reporter has filed a sex discrimination complaint against the newspaper claiming she was illegally fired for failing to inform her bosses that she was moonlighting—as a stripper.

Court: Union contract limits arbitrator’s role

05/30/2012
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.

Promises, promises: Well-intentioned words may send fired employee in search of an attorney

05/25/2012

Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless ­litigation and cost thousands of dollars in legal fees even if you win in the end.

When handing out RIF pink slips, avoid age bias claims by offering good business reasons

05/25/2012
When a company reorganizes and consolidates several positions into one, the resulting reduction in force (RIF) may affect an older employee. The employee who loses a job may feel the real reason is age and that the employer took advantage of a RIF to eliminate older workers. You can structure your RIFs to avoid losing an age discrimination claim.

Beware firing after employee’s pay complaint

05/25/2012
Make sure before you fire someone that she’s been paid everything she is owed. And if the employee has complained about pay irregularities, be sure to investigate right away.