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Firing

Mistaken termination? Offer reinstatement ASAP

07/02/2019
If you realize you erred in terminating an employee, it usually makes sense to immediately offer to reinstate him.

Take extra care when firing after ADA, FMLA

06/10/2019
Firing an employee who is returning from ADA or FMLA leave is a risky proposition. Make absolutely sure you can justify the termination with legitimate business reasons that have nothing to do with missing work, taking leave or requesting accommodations.

Good faith wins, even if you might have been wrong

05/31/2019
Courts almost never second-guess employers’ decisions—even dubious ones—as long as they are confident the decisions were made in good faith.

No need for termination notice to state reason

05/29/2019
Employers don’t necessarily have to detail why they decided to fire an employee, for example in a formal termination notice. If they are later sued, it’s enough to provide original documentation justifying the legitimacy of the discharge.

Solid reasons for termination? Fire away!

05/06/2019
If you have compelling reasons to terminate someone and have carefully documented them, there’s really no reason to fear pulling the firing trigger. Just be sure to treat all similarly situated employees the same way.

Yes, you can terminate during FMLA leave

04/18/2019
You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.

Beware close timing between FMLA leave and discipline

04/15/2019
The closer a termination comes to the end of a worker’s FMLA leave, the more likely she may win an FMLA-retaliation lawsuit.

Fired harasser can’t collect unemployment

04/02/2019
If you have a robust harassment policy that prohibits even a single incident of unwanted touching, rest assured that a fired harasser won’t be eligible for unemployment benefits.

Beware firing after employee has asked for FMLA leave

04/02/2019
Terminating an employee for absenteeism after she’s requested FMLA leave is likely to trigger a lawsuit.

Weigh all the risks of bringing criminal charges against terminated employee

03/26/2019
Sometimes employee misbehavior is so egregious that you’re tempted to call the police. But you should think twice before filing criminal charges against a former employee. Consider all the possible consequences.