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Firing

Offensive employee? Go ahead and fire him

09/14/2009

Isolated comments may not create a hostile work environment, but they can mushroom into a bigger problem. That’s especially true if you don’t discipline those who offend. What to do: Don’t wait until you have a full-blown hostile environment on your hands. You can terminate the offender before harm is done.

In tough cases, safety first: Attempted suicide at work grounds for discharge

09/14/2009

Employers don’t have to put up with employees who pose a safety hazard to others—or themselves. While suicidal behavior may indicate an employee is suffering from a serious health condition under the FMLA or a disability under the ADA, it isn’t an excuse for violating safety rules.

You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires

09/10/2009

Employees who take their full 12 weeks of FMLA leave and can’t return to work lose their FMLA job protection. But that doesn’t mean they’re not still protected by the ADA. In fact, if an employee who can’t yet return to work asks for a reasonable accommodation—such as additional time off or a reduced schedule until she is ready for full-time work—you should consider the request.

If possible, have the manager who hired the employee also do the firing

09/10/2009

One good way to eliminate discrimination lawsuits is to have the same manager who hired an employee also handle the termination if you need to let the employee go.

When fists fly, make sure you get facts straight

09/10/2009

When employers discipline employees following an argument or other confrontation, getting the facts straight is crucial. Recent case: Kevin Phillips, who is black, was fired after he got into a fight with a white supervisor. Another supervisor witnessed the incident. However, Phillips was the only one involved who was punished …

Handle ‘uncooperative’ complainer with care

09/08/2009

Employees who complain they’re being discriminated against sometimes seem less than cooperative once you start investigating their claims. If that happens, don’t be too quick to discipline that employee for hindering your fact-finding effort.

Retaliation applies to former employees, too

09/08/2009

Here’s a potential trap you may not have considered: Punishing a former employee may be retaliation, too. That means that you must carefully consider anything you do involving a former employee before you act.

Of good faith and gut instinct: Fire employee who falsely claims discrimination

09/08/2009

It’s frustrating when an employee continually claims to be the victim of discrimination while internal investigations show that just isn’t so. If an employer is confident the employee’s charges are false, it can terminate the employee. That’s true even if you turn out to be wrong—because what matters is your good-faith belief that the employee made up the discrimination claims.

How to show you don’t discriminate: Track all discipline and punish equitably

09/08/2009

At some point, a former employee will sue your organization for discrimination. The typical argument: Someone not in the same protected class as the employee was treated more leniently. How will you show that’s not true?