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Firing

Good faith: It’s what courts want to see in discipline

07/13/2016
When it comes to discipline, employees aren’t entitled to the equivalent of a jury trial. It’s good enough that the employer investigated and considered the employee’s input before deciding in good faith on a course of action.

You don’t have to fire just because of one comment

07/08/2016
Employers are required to take reasonable steps to stop comments that are particularly offensive. That doesn’t automatically mean you have to fire an offensive employee. You can discipline instead and hope that fixes the problem.

Repeated false complaints? That’s grounds for firing

07/06/2016
You know that employee who always seems to be filing meritless discrimination or harassment complaints? You can and should discipline that guy.

NLRB backs Chipotle employee who took to Twitter with gripes

07/05/2016
A former employee at a Chipotle restaurant in Havertown has won his case before the National Labor Relations Board. The man peppered Chipotle’s upper management with tweets expressing his concerns about low wages.

Fire away! Whistleblowing doesn’t excuse wrongdoing

06/22/2016
Some employees seem to believe that as long as they engage in whistleblowing, they’re immune from getting fired. That’s not true.

Government employer? Before firing, weigh employee’s policy role, free speech

06/22/2016
Recently the U.S. Supreme Court concluded that a public employee cannot be discharged because he may have supported his boss’s opponent in an election. Now, however, a federal court has limited the impact of the ruling for employees whose positions involve policymaking or employee confidentiality.

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.