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Firing

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?

Texas limits employee’s right to claim emotional distress

09/08/2009

Texas doesn’t allow so-called intentional infliction of emotional distress claims by employees when the underlying facts show the case is covered by employment laws that address bias. That gives employees one less weapon to wield.

Former crew leader sues Teknor Color for disability bias

09/08/2009

A former Teknor Color Co. employee is suing the Jacksonville company for violating the ADA and the Civil Rights Act when it terminated her from her crew leader position.

Beware firing ill employee after FMLA expires

09/02/2009

Employers sometimes have the mistaken belief that employees with serious health conditions who have used up all their FMLA leave can be terminated if they can’t return to work. That’s simply wrong. In fact, those employees may be entitled to reasonable accommodations—including additional time off—under the New York State Human Rights Law and the New York City Human Rights Law.

The 5 steps of progressive discipline

09/02/2009

A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline:

FMLA leave-taker slipping? Fire away, with justification

08/28/2009

Of course, employees have the right to take protected FMLA leave. But that doesn’t mean you can’t take action you already planned to take for other legitimate reasons before you found out the employee needed FMLA leave.

Document reason for termination to make sure courts don’t second-guess your decision

08/26/2009

If you have to fire an employee, don’t worry that a court is just waiting to second-guess why you did so. The fact is, courts are reluctant to question your reasons as long as you can convince them the reasons were honest, even if in retrospect they may seem baseless or even foolish. They don’t want to become a national HR department.