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Terminations

Need to conduct a layoff? Use same criteria as for hiring

01/25/2012

Sometimes, layoffs are inevitable … and they’re always a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who to hire. Look at the jobs that will survive and select the employees who best fit those jobs.

Fired disabled worker receives $40K from American Apparel

01/20/2012
Los Angeles clothing manufacturer and retailer American Apparel has agreed to settle an ADA lawsuit filed by a former employee who was fired while out on medical leave.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor per­­former, rubber-stamping that decision can mean losing a discrimination lawsuit.

Notice date–not workers’ last day–starts lawsuit calendar

01/18/2012
Employees don’t have forever to sue for wrongful termination—and the clock may start ticking even before their last day on the job. That can mean all the difference in court.

Hired him? You should be the one to fire him

01/18/2012

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why:

Red-handed? What to do when you suspect employee is a thief

01/17/2012

Few HR dilemmas are as sticky as dealing with an employee accused of stealing from the company. Here’s how to handle the situation with care, making sure your organization doesn’t overstep its bounds and expose itself to liability.

Terminations: State Law Resources

01/16/2012
When terminating employees, employers must comply with state laws as well as federal laws related to the termination process. Always make sure you check with the appropriate state agency for the full details. Here’s a list of state resources:

Smarter firing leads to fewer unemployment payouts

01/13/2012
How much your organization pays for unemployment in­­surance is based, in part, on how many of your former employees have successfully filed claims against you. Under­standing who is eligible for unemployment benefits and who isn’t can go a long way toward keeping insurance rates low. It starts with how you terminate an employee.

Like grocery prices, lifting requirements fluctuate

01/12/2012

Minneapolis-based grocery chain Supervalu faces a lawsuit from a former employee at a distribution center in Pennsylvania. Long-time employee Terri Wolfinger claims the company changed the lifting requirements in her job description to prevent her from returning to work after she injured her arm.

No unemployment benefits after quitting to avoid firing

01/12/2012
Employees who quit usually aren’t eligible for unemployment compensation. Only those who quit for “a good reason caused by their employer” are eligible for benefits.