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Terminations

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.

Yes, you can fire workers who take FMLA leave

09/04/2019
Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.

Workers’ comp retaliation or a legitimate discharge?

08/01/2019
Firing someone shortly after he makes a workers’ compensation claim means risking a retaliation lawsuit. To defend, the employer must show the court that there was a legitimate, unrelated reason for the termination.

Note exact date you informed employees they would be losing their jobs

08/01/2019
Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Firing whistleblower? Be clear about timing

08/01/2019
Employers should make sure to note exactly when they terminate a whistleblower. Then they should challenge any whistleblower retaliation complaints filed more than 30 days after that date.