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Terminations

Can you fire worker for being a public jerk?

06/17/2021
When an employee’s bad behavior outside of the workplace draws negative attention on your organization online, is it legal to terminate that person?

4 smart things to do when hiring and firing remotely

05/14/2021
Leaders know that bringing new people on board and handling terminations properly are two activities too important to perform haphazardly. While remote hiring and firing pose challenges, managers cannot use location as an excuse to slack.

Exit checklist: When teleworkers terminate

04/22/2021
You probably have a plan in place dictating what happens when an employee quits. But with so many employees working remotely, traditional exit interviews and the accompanying rituals may slip through the cracks. Here’s how to safeguard your intellectual and real property in a work-from-home world.

Half of quits might have been preventable

04/06/2021
Fifty-two percent of employees who voluntarily quit their jobs say their manager or organization could have done something to convince them to stay, according to a Gallup poll.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

#1 reason you can’t fire worker for going #2 on office floor

03/18/2021
You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Fired Jan. 6 protestor sues for $10 million

02/11/2021
Consult your attorney before firing an employee who may have been present at a protest where rioting occurred. There’s a risk you might be sued.

Beware firing employee during medical testing

11/19/2020
Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

Last-chance agreements protect your firing rights

10/22/2020
It makes sense to give a second chance to good employees whose performance is slipping because of personal challenges. You can protect against future lawsuits by imposing a formal last-chance agreement that says any subsequent transgression will result in termination.

When & how you must notify employees of layoffs

10/20/2020

There are indications layoffs will rise again in the fourth quarter of 2020 as covid-19 cases edge upward again. And as layoffs increase, the threat of WARN Act lawsuits grows more acute for employers that do not follow the layoff notification rules.