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Firing

Don’t let fear of lawsuit keep you from firing harasser

05/26/2010
There’s no way around it: When you fire someone who has been harassing other employees, he may sue. Accept that fact and carefully document the investigation that led to the termination.

No-fault attendance alert: Think twice before firing FMLA-eligible employee

05/26/2010

Employers can use no-fault attendance policies as a way to control absenteeism. There’s no doubt about the effectiveness of no-fault programs, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. But before you fire an employee for breaking your absenteeism rules, carefully consider whether he is eligible for FMLA leave.

Include contract disclaimers in your handbook

05/26/2010

If, like most employers, you use an employee handbook to manage the workplace, remember that you must ensure that employees understand that the handbook is not a contract. Do that by clearly stating that employment is at-will and that employees can be fired for any reason or no reason.

3 reasons to drop the curtain on your office prima donnas

05/25/2010

Plenty of managers feel like they’re between a rock and a hard place because they have someone on their team who produces great results but alienates almost everyone around them. They’re prima donnas! If you have a prima donna on your team who keeps playing games, bite the bullet and fire the person. Here’s why.

Dismissed criminal charge doesn’t require reinstatement

05/17/2010

When an employee is charged with a criminal offense that reflects on his ability to perform his job, many employers suspend or even fire the employee. If he’s acquitted, must he get his job back? Not necessarily.

FMLA notice: Rely on what you know–not policy

05/17/2010

A good sick leave policy includes rules governing how employees are supposed to let their employers know that they’re ill. Employees generally have to follow those rules or face discipline. But there are circumstances under which employees may be excused from following the rules. One of those exceptions: when the employer has direct notice that the employee is ill and may need FMLA leave.

Stick with termination decision–and don’t hint that you’re open to reconsidering

05/14/2010
Once you’ve made the tough decision to terminate an employee, stick to it. If you let the employee talk you into reconsidering, you may end up with a lawsuit over whether a contract had been created.

Never consider insurance costs when terminating

05/14/2010

Every year, employers face yet another increase in their health insurance premiums. And if there are many older or sick employees, those costs will keep on rising. Even adding one sick child to the list can drive costs into the stratosphere. But before you even consider firing (or refusing to hire) someone because they might jack up insurance costs, count your dollars, not your pennies. You might be staring down a lawsuit that could dwarf whatever premium costs you hoped to avoid.

Former USF football coach sues university over firing

05/11/2010
Former University of South Florida football coach Jim Leavitt has sued the university and its foundation, claiming his contract was improperly terminated. Leavitt lost his job last January after allegedly grabbing a football player by the throat and hitting him.

Firing after delivery can still be pregnancy discrimination

05/11/2010
Here’s an employer argument that didn’t work: It couldn’t have been pregnancy discrimination when we fired her because she wasn’t pregnant anymore.