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Firing

Not all action after complaint is retaliation

08/06/2010
Employees are protected from retaliation for complaining about alleged discrimination. That doesn’t mean, however, that everything negative that happens after a complaint is filed is grounds for a retaliation lawsuit.

Another reason to insist on following rules: Fired scofflaws can’t get unemployment

08/06/2010

Does your organization have strict honesty rules designed to prevent employee theft and fraud? If so, rest assured that you’ll have just cause for firing employees who break those rules. And that means they won’t be eligible for unemployment compensation.

Win discrimination cases by showing that your rules apply equally to everyone

08/06/2010

Rules are no good if you follow them only some of the time. Uneven enforcement can cause lawsuits. If you have rules, enforce them. Drop those you don’t want to enforce. Otherwise, a supervisor may find it convenient to punish someone for breaking a rule that others are allowed to ignore.

Appeals Court limits reach of N.Y. human rights laws

08/05/2010

In a victory for employers, the New York Court of Appeals has limited the reach of both the New York state and New York City human rights laws. The issue arose when Manhattan-based Parade magazine terminated Howard Hoffman, who claimed he was fired because of his age.

Former employees take big bite out of Texas Dental Association

08/02/2010
Two former employees of the Texas Dental Association are $900,000 richer after receiving back pay in a settlement agreement brokered by the National Labor Relations Board.

ADA: ‘Toxic’ work site (plus toxic boss) doesn’t necessarily create disability

08/02/2010

It happens. Some working relationships between bosses and their direct reports are so toxic that employees suffer psychological problems. Sometimes the tension is so bad that employees believe they’re disabled and therefore entitled to transfer to another job under another supervisor. That isn’t the case.

Before you decide to fire, make sure past evaluations support your rationale

07/28/2010

Nothing raises suspicions among employees (and juries) than effusive praise followed by a pink slip. So here’s a tip that will make courts more likely to uphold your termination decisions: Make sure whatever reason you use to justify a firing also shows up in past performance evaluations.

Watch calendar if you plan to fire following FMLA leave

07/27/2010
Employers that fire employees right after they return from FMLA leave run a risk that the timing alone will be seen as proof of retaliation. Unless you are absolutely sure you can convince a judge or jury that the termination is justified, it makes sense to wait a month or so.

Challenge unemployment if firing offense was a crime

07/27/2010

Employee theft is a big problem, and it’s natural for employers that catch workers stealing to terminate them. But some of those thieves may still file for unemployment. Challenge such applications on the basis that the firing offense was punishable as a crime. There’s no need for an actual conviction.

Keep health costs out of the equation when considering hiring and firing

07/27/2010
Before you even consider firing (or refusing to hire) someone because they might jack up your health insurance costs, count your dollars, not your pennies. You may be staring down a lawsuit that could dwarf whatever premium costs you hoped to avoid.