EEOC appeals loss in funeral home transgender case

The EEOC is appealing a federal court’s ruling that a Michigan funeral home was allowed to fire a transgender employee because of the owner’s religious objections.

Workplace violence rules out unemployment benefits

If an employee engages in violent behavior and is fired, she isn’t entitled to unemployment compensation benefits.

OK to voice concern about age as long as you don't base termination decision on it

When determining which positions should be eliminated during a reduction in force or reorganization, sometimes supervisors and managers will look at the ages of those likely affected. All by itself, that’s not evidence of age discrimination.

Prepare to prove firing wasn't retaliation

If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

Beware close timing between FMLA and firing

Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.

Use documentation of past violations to justify harsh discipline

Smart employers catalog every instance of discipline. Those records come in handy if you must fire one employee for breaking the same rule as another employee who wasn’t terminated.

Are you courting a wrongful discharge suit?

Before firing anyone, ask yourself the following questions to gauge whether you could defend yourself in a wrongful discharge suit.

Honest staff hit back at Wells Fargo with lawsuit

Two former Wells Fargo employees who didn’t cheat in the bank’s ill-conceived incentive scheme to drive new business have filed a $2.6 million class-action lawsuit.

He handles our money! Can we terminate employee who recently filed for bankruptcy?

Q. I recently discovered that an employee who handles company money has filed for bankruptcy. My concern is that if he was unable to handle his own finances, he may be untrustworthy with company finances. Can I discharge this employee?

Free speech includes speech that is unpopular

Government employees don’t lose the right to engage in free speech when they take a job. That extends to speech that the employer may see as unpopular or even dangerous.

OK to terminate disabled worker if there is no possible way to accommodate


You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Patience key to lawsuit-proof firing decisions

When a fired employee sues you, winning often depends on careful documentation that demonstrates how her performance did not meet your standards.

After firing, how fast do you block network access?

It should be item No. 1 on the termination checklist.

COBRA coverage continues even if carrier changes

Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.

Facebook & the First Amendment: Limited free speech right for government employees

Workers don’t give up their First Amendment rights when they take a government job. But that doesn’t mean that they can say anything, anywhere.
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