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Terminations

When co-workers marry, you can require one of them to resign

03/05/2012
It’s perfectly legitimate to try to prevent sexual harassment and allegations of favoritism by instituting a policy that bans romantic relationships between co-workers. You can even require one spouse to resign when co-workers marry.

Make sure employees understand the method you use to calculate FMLA leave

03/05/2012

Employers that don’t take the time and effort to understand the ins and outs of the FMLA do so at their peril. Courts are beginning to lose patience and have started assessing employers double damages for FMLA violations. Something as simple as not making sure employees understand what method you use to calculate FMLA leave entitlements can mean huge liabilities …

Seek expert legal help when dealing with NLRB

03/05/2012

Employers that find themselves in the cross hairs of the National Labor Relations Board should get expert legal help, especially if charged with unfair labor practices. That’s because once the NLRB concludes you fired employees for engaging in protected activity, it is very hard to argue against those employees’ eventual reinstatement.

Reorg? Treat staffing decisions like hiring

03/05/2012

After companies merge, there are often too many employees for the remaining available positions. That’s especially true when the new entity also reorganizes operations. Some employees will wind up on the chopping block. Be careful how you choose termination candidates. The best approach is to treat the decision like a hiring or promotion.

Key to quick lawsuit dismissals: Clear documentation of discipline decisions

03/01/2012
It’s always wise to keep careful records showing exactly why you terminate employees. They’re crucial if an employee ever sues. By showing specific reasons why you fired someone, you will be able to show the court that the termination was appropriate.

Take a pay cut or leave: Is such a demand legal?

02/28/2012
Q. We’ve concluded that a small group of our employees don’t appreciate their jobs. We’d like to post their jobs and replace employees who won’t take a pay cut with unemployed people who will work for a lower wage. Is this a problem?

Boss recommends firing? Check for bias

02/27/2012
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

Retire or be fired? Put offer terms in writing

02/24/2012
Occasionally, a good employee messes up after years of service. Before you suggest that he retire instead of being discharged, have your attorney put the offer in writing.

Panera Bread gets double helping of bias litigation

02/22/2012
A Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.

Firing OK for breaking no-dating policy?

02/22/2012
Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?