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Terminations

It’s good faith that matters: Minnesota whistle-blowers don’t have to be right

01/12/2012

Under Minnesota’s Whistle­­blower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.

Before firing, offer second chance to improve

01/12/2012

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their per­­formance is subpar or contributing to discord in the workplace. Either way, it’s worth at least ex­­tend­­ing to the employee a chance to improve and keep his job—after you have docu­mented the nature of the problem.

Employers don’t have to be right–just honest

01/12/2012
Here’s something to remember the next time you agonize over discharging an employee for breaking a rule: While you should treat all employees honestly, you don’t have to conduct a mini trial to determine “guilt.” It’s enough to believe you had a legitimate reason to fire the employee—even if it later turns out you were wrong.

Reassignment to new position might be retaliation

01/12/2012
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.

How much authority do your company’s supervisors have to fire employees?

01/10/2012
Line managers can’t fly solo when it’s time to fire a worker.

Special performance measures deviate from usual practice? Be sure to document reason

01/09/2012
Courts don’t want to second-guess employers unless they feel they have no alternative. When an employee charges discrimination based on different treatment because he belongs to a protected class, the court first looks at the employer’s rules and tries to see if they have been enforced consistently.

Always investigate discrimination complaints to ferret out boss bias, prevent retaliation

01/09/2012
Ignoring a discrimination complaint can set in motion an un­­stop­­pable litigation train wreck. That’s especially true if you fail to in­­vestigate a boss who ends up retaliating against the complaining employee.

Questioning employees? Avoid ‘imprisonment’ charge by ensuring they know they may leave

01/09/2012
It may sound silly, but there’s a very practical reason to be careful when questioning employees during an investigation: Some especially sensitive people may feel they are being held involuntarily—and sue for false imprisonment.

Make termination decisions stick by documenting discipline at the time it occurs

01/09/2012

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

No real effort to improve? It’s time to fire

01/09/2012
Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.