Terminations

Court: Years alone won’t define ‘significantly younger’

06/03/2013

When someone claims age discrimination, he typically has to show that he was replaced by someone “significantly younger.” What that means is unclear—and courts seem in no hurry to come up with a hard-and-fast rule.

OK to fire everyone, then ask them to reapply

06/03/2013

Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013

Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Disabled worker can’t perform? OK to terminate

05/31/2013

Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.

Lawsuit may hinge on whether Harrisburg U. is public or private

05/28/2013

The financially troubled Harrisburg University of Science and Technology has asked a federal judge to dismiss a retaliation lawsuit filed by a former professor. She claims she was fired over criticism she and her husband leveled against university officials.

Handbook calls for civility? Enforce the policy

05/28/2013

Many employers have revised their handbooks to include language requiring all employees to treat one another—as well as customers—with respect. But that doesn’t mean that employees who feel “disrespected” have grounds for a lawsuit.

Older worker slows down: Does firing = bias?

05/21/2013

When older employees hear the word “slow,” they may immediately assume that’s a code word for “old.” But sometimes, slow just means slow. If you have workers who can’t meet the job’s required—and preferably written—performance standards, you don’t have to keep them on staff, regardless of their ages.

Get details if several workers break same rule

05/17/2013

You have no doubt heard that employees who break the same rule should receive the same punishment. That’s true in most circumstances. However, nothing prevents employers from treating similarly situated employees differently if the facts warrant it. In those cases, however, details matter.

Should we go ahead with layoffs–including someone who complained about harassment?

05/10/2013

Q. Our company has been having financial difficulties and we have considered reorganizing for several months. Our chief operating officer has been charged with determining whether any of the current jobs can be eliminated. Recently, before any final reorganization decisions were made, an employee came forward claiming that the COO had been harassing her and had created a hostile work environment …

Failing to pay workers on time may cost you a big penalty

05/09/2013

In Minnesota, employees are supposed to be paid promptly and receive an accounting of their time worked. Failure to comply may mean you’ll have to pay a penalty.