• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly

Firing

Go figure: Drunk at work means no unemployment

06/17/2016
Employers don’t have to tolerate intoxicated employees. That’s willful misconduct that bars receiving unemployment benefits.

After bias lawsuit, reinstatement is easy; it’s not always recommended

06/17/2016
One remedy for discrimination is reinstatement. However, employers should be prepared to argue against reinstatement if there are reasons unrelated to a lawsuit that it is not a workable option. Here’s how one employer did that.

Investigate before jumping into action

06/17/2016
Don’t worry if you need to take some time to investigate whether an employee broke a workplace rule and should be terminated. While a speedy resolution may be easy sometimes, other cases take time and deserve a thorough investigation.

Beware unexpected peril of undoing termination

06/09/2016
Something to consider if you have an internal system for handling disciplinary appeals: Reversing a disciplinary action like a termination could be used against you later as proof of retaliation.

High Court sets clear constructive discharge rule

05/27/2016
The U.S. Supreme Court ruled on May 23 that the clock starts ticking on constructive discharge cases on the day the employee announces plans to resign, not the day an employer’s allegedly intolerable act occurred.

COBRA coverage debatable after firing for misconduct

05/09/2016
Employees fired for misconduct are not eligible for continued health insurance.

Warn managers: If you slander former employees, you can expect to be sued

05/09/2016
A salacious Wall Street story illustrates the cost of bad-mouthing a former employee.

Sometimes Facebook posts can lead to discipline

05/09/2016
Despite recent court rulings, some social media items can be bad enough to warrant termination.

NLRB says it’s OK to cuss out your boss

04/18/2016
A company has been ordered to rehire workers fired for profane notes.

Not contesting unemployment: legal or illegal?

04/14/2016
Q. We have a challenging employee who is not really a poor performer, but is generally disliked by her co-workers. She is a gossip and games the system on our attendance policy. She seems to needlessly start minor squabbles with other employees. Recently, this employee approached HR and offered to resign if the company would agree not to fight her request for unemployment. We feel like this is a good opportunity to get rid of a problem employee without terminating her, and unemployment benefits would be a small price to pay. Is there any reason why we shouldn’t accept her resignation and agree to not challenge her unemployment claim?