• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

How to Wipe Out Fraud and Abuse Under FMLA

02/16/2024
The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

When terminations are required, always proceed with dignity

02/09/2024
Sometimes, managers must terminate employees even during good economic times. The reasons are many. An employer may choose to move in a different direction, requiring it to shed workers with skills no longer needed now that the mission has changed. Then there’s the case of the underperforming employees you finally decide to let go. Whatever the reason, managers must understand how to fire with dignity. Here are some guidelines to follow.

Nonunion workforce? How union rules could still trip you up

02/01/2024
The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

01/26/2024
Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination.

Biased bosses: Beware cat’s paw liability for discriminatory firing

07/07/2023
Under what’s called the cat’s paw theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.

Remote termination: Consider these 3 factors

04/17/2023
Now that many employees telework at least some of the time, terminations have gotten more complicated. Do you wait to deliver the bad news when employees come into work? Do you order all affected employees into the office for a mass firing? If you’re considering remote terminations even for employees who sometimes work onsite, here are some factors you should consider.

Be sure you can explain business-related rationale for firing decision

03/20/2023
Courts don’t like it when employers appear to make knee-jerk decisions. Before firing someone, step back and really think through your justification. Make sure the rationale for the termination is truly business-related. Then document your reasoning in case a court later asks why you did what you did.

New danger: Huge fines for gagging departing workers

03/20/2023
Chances are, you conduct routine exit interviews for most terminations, whether employees are quitting or have lost their jobs in a layoff. You might also commonly offer severance pay in exchange for employees signing an agreement not to sue or making some other promise about their future conduct. But beware! If you make employees promise to tell you about future investigations, expect a fine from the SEC.

Decided to terminate? Don’t wait to act

02/13/2023
Once you have made the decision to fire a worker, try to carry out the firing promptly. Delaying can backfire. If you must wait, write a memo memorializing when and why you made the discharge decision. That documentation can help you later if the terminated worker files a lawsuit.

Keep it Legal: 5 tips for firing employees the right way

01/27/2023
Firing employees is one of the most challenging parts of being a manager, but it is also often unavoidable. If you need some help building up this essential skill, don’t worry. BambooHR published a recent blog offering five helpful tips on how to fire an employee the right way.