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Firing

Employee’s still out after 12 weeks of FMLA: Can we fire?

12/23/2009

Q. If an employee exhausts his 12 weeks of FMLA and still isn’t able to return to work, should we terminate his employment immediately?

Pregnancy Discrimination Act doesn’t cover child care woes

12/23/2009

The Pregnancy Discrimination Act (PDA) protects employees from discrimination based on pregnancy and related medical conditions. It doesn’t, however, let new mothers take off work when child care arrangements fall through, as the following case shows.

Firing due to ‘romantic tension’: Is it sex bias?

12/22/2009

When co-worker relationships break up, tensions can boil over in the workplace. Back-stabbing and name-calling may play out in the office—and that may require discipline. When that happens, investigate thoroughly. But watch out for discipline that looks suspiciously like discrimination against just one of the former lovebirds.

Settlement offer can’t be used against you later

12/22/2009

Offering an employee a severance payment in exchange for releasing any legal claims won’t be used against you. Courts want to encourage dispute settlement—and if severance offers could be used against employers later in court, cases would rarely be settled.

Use statistics early to blow shaky lawsuits out of water

12/22/2009

Employees who sue for discrimination have to come up with some evidence before the case can advance beyond the initial stages—and before it gets progressively more expensive for employers paying the legal bill. Employers that fight back right away with statistics showing there was no discrimination can save big bucks in the long run.

Step up to a new high-stakes HR role: Stamping out conspiracies to discriminate

12/15/2009

Here’s another legal danger for HR to watch out for: The charge that a supervisor conspired to terminate employees belonging to a protected class. Employees who can show that a supervisor and someone else involved in a termination decision conspired to terminate employees of a particular race, sex or other protected classification have a separate claim beyond the traditional employment law remedies.

Is an employee’s refusal to cooperate with an internal investigation a firing offense?

12/14/2009

Q. We have an employee who has declined to cooperate in a workplace investigation into an issue that could threaten our company’s operations. Can we terminate the employee for insubordination?

Remind supervisors: Don’t assume disability

12/11/2009

An employer that assumes an employee is disabled and then fires him or even just treats him differently than other employees may end up with an ADA lawsuit. That’s because the employee may not actually be disabled—but can still sue for disability discrimination based on the employer’s presumption that he is.

Employees who don’t meet whistle-blower law requirements still have legal protection

12/11/2009

The Illinois Whistleblower Act says that employers may not retaliate against employees who disclose to a government or law enforcement agency information about alleged violations of state or federal laws and regulations. But what about employees who don’t go to an agency, but raise their concerns internally?

You can’t go wrong with a solid discharge reason

12/11/2009

You never know which employee will sue you, when or why. Everyone can probably find some reason good enough to get past the courthouse door. It’s your job to make sure you can send them right back out. The best way to do that: Always have a solid reason for disciplinary action.