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Terminations

Snapshot: Emotions triggered by terminations

12/03/2019
According to a recent poll, 61% of people who had been fired believed their terminations were unjustified.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019
If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Don’t delay: Act on termination decision ASAP

11/25/2019
When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.

Discover wrongdoing during FMLA? Fire away

11/14/2019
It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Superstar won’t behave? Feel free to fire

11/07/2019
Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.

RIF didn’t achieve business goals? OK to repost jobs that were previously cut

10/04/2019
If you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

Firing for vacation during FMLA? Hit ‘pause’

09/19/2019
Even if it appears that an employee is misusing his FMLA leave, you must make discipline or termination decisions based on a rational review of the facts, including the doctor’s certification.

Cite poor performance to justify termination

09/13/2019
Smart employers always document poor performance with specific examples. That way, you have a ready defense for just about any surprise discrimination lawsuit.

Review prior complaints before terminating

09/04/2019
Before approving any recommendation to terminate a worker, review HR records to see if the worker has filed any discrimination or harassment complaints. Ensure the recommendation wasn’t motivated by retaliation.

New employee just isn’t working out? Document specific problems before firing

09/04/2019
Sometimes, you discover that an employee you or your predecessor hired simply isn’t qualified or capable of doing her job. Before you fire her, possibly triggering a lawsuit, take the time to document why she’s not working out.