FIRING

Use documentation of past violations to justify harsh discipline

09/29/2016
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?

09/29/2016
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

09/27/2016
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?

09/26/2016
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

09/26/2016
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

09/26/2016

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.

After firing, how fast do you block network access?

09/22/2016
It should be item No. 1 on the termination checklist.

COBRA coverage continues even if carrier changes

09/22/2016
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

09/22/2016
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.

In Minn., one-time mistake that's arguably not serious may not bar unemployment

09/22/2016
Under Minnesota’s unemployment compensation rules, an employee’s single incident of misconduct can be grounds for discharge—and can keep the employee from collecting benefits if it was a serious violation.

Can you fire worker for bringing gun on company property?

09/15/2016
Before terminating an employee for bringing a gun to work, check your state law.

Firing OK for cheating discovered during FMLA

09/15/2016
Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?

Get legal help when contesting unemployment

09/08/2016
Employers have the right to contest a former employee’s eligibility for unemployment benefits. Talk it over with your attorney first.

Arbitration decisions tend to stick

09/07/2016
There’s a downside to agreeing to decide disciplinary matters in arbitration. Once you agree to have your decisions second-guessed in arbitration, don’t expect to get the arbitrator’s decision easily overturned.

Legitimate discipline isn't retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.
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