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Firing

Multiple reasons for firing? You may want to list them all

11/06/2008

If you decide to terminate an employee who simply won’t follow instructions and is the source of constant trouble, go ahead and provide a laundry list of reasons. As long as the reasons are legitimate, the list will help set him apart from others who may not have been fired for breaking the rules.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation …

Must we offer severance pay?

11/06/2008

Q. We just let go of a new hire after only three months on the job because her performance was not up to our standards. Do we have to provide two weeks’ notice or severance pay?

What should we do once an employee exhausts FMLA leave?

11/06/2008

Q. We are a large company and are dealing with a situation with a sick store manager. He has used up all his FMLA leave and is still not able to return to work. Can we safely terminate his employment now?

Feel free to alter jobs to suit business needs

11/05/2008

Employers have the right to meet business needs by changing the jobs their employees do, and they can set the minimum qualifications for any new positions they create. It’s the company’s prerogative to then decide whether to replace existing employees with others who meet the requirements.

Can you legally search a worker’s locked desk?

11/04/2008

Employees may think of “their” desks as their own private domains—safe places to keep their own things literally under lock and key. However, employers do have the right to open that locked drawer. When the desk is in an open area shared with other employees, the employee with the key doesn’t have a reasonable expectation of privacy.

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Warning: Even legit firing can lead to lawsuit

11/04/2008

You’d think terminating someone for obviously gross misconduct and behavior that was simply unacceptable would be a slam-dunk. No chance such an employee could bring a lawsuit, right? Wrong. There’s always the potential for a discrimination suit …

Beware bigger penalties for wage-and-hour claims under N.J. whistle-blower law

10/27/2008

Employees and their lawyers are always looking for more ways to wring money out of employers that make mistakes. The latest trend in wage-and-hour cases, for example, is to file an FLSA lawsuit and then seek to collect additional damages by tacking on additional claims under New Jersey’s Conscientious Employee Protection Act. Here’s how …

Just taking leave doesn’t mean employee is disabled

10/27/2008

Employees ask for and take medical leave for all sorts of reasons. That doesn’t mean their employers know when an employee is disabled. But that doesn’t stop some employees from trying to use their leave as evidence in a discrimination lawsuit …