• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

How can we fire a poor performer–who up until now has earned glowing reviews?

03/17/2014
Q. We recently hired a new manager in an underperforming division. After getting to know her team, the manager wants to fire an employee for poor performance. But, the employee has only had glowing performance reviews under his previous manager. Can we go ahead with the termination?

Easy way to head off discrimination suits: Have manager who hired also do the firing

03/13/2014

Here’s a good practice that may limit lots of lawsuits following terminations: If possible, make sure the same person who hired a worker also fires him. That makes it more difficult for an employee to argue he was fired for discriminatory reasons.

Clerk fired after telling Gov. McCrory, ‘Thanks for nothing’

03/07/2014
Governors might think they have a thankless job, but being told that directly can still sting. Gov. Pat McCrory recently found out exactly how thankless the job can be.

How are layoffs supposed to be handled when someone buys my business?

03/06/2014
Q. Do I have to follow the WARN Act if someone buys my business?

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Document exactly why you fired troublemaker

03/06/2014
Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.

Must we hand over final paycheck, or is it OK to put it in the mail?

02/26/2014
Q. One of our employees is resigning at the end of the month. Can we mail her final paycheck?

Sometimes you can require repayment out of last check

02/26/2014

Do you offer a store credit card to your employees? If so, you likely want any balance due repaid if the employee quits or is fired. You may be able to get the employee’s agreement to repay the balance on termination out of his or her vacation or sick account balance.

Cite solid reason for termination to beat bias lawsuit based on statistical argument

02/26/2014
Employers that always have a clear and solid business reason for discharging employees seldom lose discrimination cases. That’s because even if a protected class member is affected, it’s very hard to counter the employer’s claim it terminated the employee for legitimate nondiscriminatory reasons.