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Firing

Beware desperate ‘whistle-blower’: Document reason for firing to stop retaliation claim

04/07/2009

Employees are often quite sophisticated about their legal rights—especially when they suspect their jobs may be on the chopping block. When they think of the lawsuit possibilities, they may even try to set up their employers. One easy way
to get a case going is to blow the whistle on alleged wrongdoing.

Texas anti-bias agency pays $900,000—for retaliation

04/07/2009

A jury recently awarded $900,000 to a former employee of the Texas Commission on Human Rights, which is responsible for enforcing anti-discrimination laws, for firing her in retaliation for complaining about discrimination against the agency’s own employees.

After the fact, employee can’t claim illness caused absence

04/02/2009

Sometimes, employees hesitate to tell supervisors about their medical problems, especially if they feel there’s a stigma associated with the condition. But if the employee misses work and is fired, she can’t use the medical excuse to get unemployment compensation benefits.

Track discipline to counter claims of discrimination

04/02/2009

Make sure everyone on your HR staff knows about every disciplinary action. Track who is disciplined and for what reasons. Use that data to do a self-audit. You’re looking to see whether members of a protected class are being punished more severely than others.

Static over dryer sheets comes out in the wash

03/31/2009

Fourteen employees of a Costco store in Hackensack took recycling a bit too far when they started reusing customer coupons for free fabric softener and dryer sheets. The employees wound up paying a high price for their “free” loot. When investigators brought the matter to the attention of store manager Sami Nasr, he fired all 14 employees.

Set clear rules for initial employment period

03/30/2009

Sometimes, it’s obvious early on that a new employee isn’t working out. Firing such an employee won’t cause legal trouble as long as you based the call on previously set performance standards, job-related testing or some other impartial evaluation process.

Court upholds WaMu’s arbitration agreement

03/30/2009

According to her complaint, former Washington Mutual Bank assistant branch manager Michelle Williams was fired after she made an “anonymous” call to a company hotline with concerns about a co-worker’s immigration status …

Spell out FMLA intermittent leave timing in handbook—or risk a million-dollar mistake

03/30/2009

The 4th Circuit Court of Appeals has upheld a verdict of more than $1 million in an FMLA intermittent leave case involving a foreign adoption. The sad fact is that the employer could have avoided the entire problem by studying up on intermittent leave and adoption.

Elected officials can fire holdover appointees

03/26/2009

A newly elected official may want to terminate those employees politically tied to his predecessor—and he often may ask HR how to handle the firings. Because such cases can be close calls, always refer the matter to experienced legal counsel.

Remind bosses: Don’t discuss reason for firing with others

03/26/2009

Sometimes, employees who’ve been terminated go looking for an excuse to sue. And when something as simple as an offhand conversation gets back to the former employee through the grapevine, it could fan flames that turn into a defamation lawsuit.