FIRING

Sloppy firing leads to suit? Offer reinstatement

11/10/2014

Here’s a tactic to limit the damage in a case of a firing gone wrong: Unconditionally offer to reinstate the employee. If she declines, you may not have to pay future lost wages after the offer date. The key is making sure there are absolutely no strings attached to the invitation to return to work.

No need to satisfy every gender-bias demand

11/05/2014
Of course you should strive to keep your workplace free of discrimination, but you don’t have to satisfy unreasonable equity requests.

Firing whistle-blower? Prepare for court

10/31/2014

Generally, Pennsylvania employees who aren’t union members or don’t have a written employment agreement are at-will employees who can be fired for any reason or no reason at all. There’s one major exception: Employers can’t fire at-will employees because of their protected characteristics. But there is a second exception gaining prominence in court cases.

Seizure disorder raises safety issue: Can we fire?

10/23/2014
Q. A new employee just told us she has a seizure disorder. Our facility works with vulnerable adults and the new employee would be required to drive them. This poses a risk potential for the client’s safety. Can we terminate this person or do we need to figure out an accommodation? The employee hasn’t asked for any yet.

What should we do? Employee is missing work because of what we suspect is domestic abuse

10/14/2014
Q. We have a female employee who is having personal problems and keeps missing work. She sometimes comes to work with visible bruises, and we suspect her spouse is abusive. While we’re sympathetic, we also have important work that isn’t getting done and the employee’s last-minute absences are a problem. We’ve told her how important attendance is, but the problem isn’t going away. Can we fire her?

Note time, circumstances of firing decision

10/14/2014

Employees may begin suspecting that their job is in danger before management has a chance to implement a discharge decision. That’s when you can expect them to complain about harassment or discrimination. Or, in Minnesota, they may request a copy of their personnel file to see what’s in it and prepare for a potential lawsuit. Beat that strategy by carefully documenting the discharge process.

Discipline when dashed romance affects work

10/14/2014
Bad relationships can affect employees in surprising ways. When a romance ends, anger and frustration at home can wind up infecting the workplace. You can discipline employees if blow-back from love gone wrong harms your business.

Insubordination: The most legit reason to fire

10/09/2014
If there’s one reason for firing an employee that’s likely to stand up in court, it’s insubordination. Employers that carefully document an employee’s refusal to follow directions or listen to a supervisor’s reasonable instructions or rules are likely to win a lawsuit.

NLRB: Firing employees for Facebook posts was unlawful

10/08/2014
Here's another reminder to employers to exercise caution in imposing discipline for conduct on social media.

Insubordination? That's a legit firing offense!

10/08/2014

If there’s one reason for firing an employee that’s likely to stand up in court, it’s insubordination. Employers that carefully document an employee’s refusal to follow directions or listen to a supervisor’s reasonable instructions or rules are likely to win a lawsuit.

The hot lawsuits of 2014: Discrimination, harassment

10/01/2014
A survey asked: “In which of the following areas has your organization seen the most employee lawsuits or class action over the past year?”

How long would Ray Rice have lasted in your firm?

09/22/2014

Only when surveillance video surfaced in early September of football player Ray Rice punching his then-fiancée did the team decide it was time to terminate him. What would your organization do if one of your employees were identified as a domestic abuser?

No, employees can't sue employers for being 'unfair'

09/02/2014
Sometimes, it seems as if anybody can sue their current or former em­­ployer and get a day in court. It’s true, anyone is welcome to fill out the blank complaint forms that courts make available to the public. But spurious complaints like this one are usually quickly dismissed.

'Crimson Tide fan' not a protected minority in Texas

09/02/2014
A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium.

Protect against e-sabotage by ex-employees

09/02/2014

News that they’re being fired could turn any employee into a disgruntled one. When terminating, guard against IT sabotage by heeding these tips

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