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Firing

Insubordination is in the eye of the employer

09/01/2015
Think an employee is acting disrespectfully? Firing him for insubordination will probably stick.

Anticipate lawsuit by offering second chance, fresh supervisor to struggling employee

08/24/2015
If a marginal employee is having a hard time getting along with his boss, think about giving him a second chance with a new supervisor. It may help—and it won’t hurt if you still end up firing the employee.

Progressive discipline can help win bias suits

08/13/2015

Discharged employees often sue, counting on their protected status—based on race, sex, national origin and so on—to create the impression that they were fired for discriminatory reasons. That’s why it’s important to use a progressive discipline system. It lets you counter discrimination allegations with solid, documented performance or behavior problems that warranted discharge.

5,000 terminations, 0 lawsuits: Her 7-step plan for success

08/06/2015
An interview with Charlotte Miller, a former state bar president, corporate general counsel and currently the senior VP of People and Great Work for O.C. Tanner, reveals her strategy for litigation-free terminations.

In Dakota County firing, good HR results in bad PR

07/22/2015
Dakota County’s community development director was recently fired amid allegations of sexual discrimination and harassment. Once word got out that the county intended to terminate him, reporters clamored for details. County officials delayed, noting that the director would remain on the payroll for 60 days following their decision. The county then extended his contract for another week …

Stop bogus suits with good discipline records

07/22/2015

It happens regularly: An employee is facing escalating discipline and fears for her job—so she files a surprise sexual harassment or discrimination lawsuit, hoping to stop her firing. But you can fire her—if you can provide complete disciplinary records to justify that the decision had nothing to do with her complaint.

Before firing, investigate discharge recommendation

07/22/2015
If you rely on a boss to make a firing recommendation and don’t independently investigate, you risk terminating someone because of the supervisor’s hidden bias. That can mean a large jury award. At least give the employee a chance to tell his side of the story.

How to challenge an unemployment claim

07/19/2015
Unemployment insurance benefits are designed to help employees who lose their jobs through no fault of their own. Since employers pay into the fund that pays out unemployment benefits, it’s in your interest to contest benefits for undeserving former employees. Here’s how to go about doing so.

Should we terminate an admitted drug user?

07/09/2015
Q. Following a recent accident on our loading dock, an employee admitted he used marijuana before his shift. Afterward, the employee and the ­others involved were required to submit to a for-cause drug test pursuant to our drug testing policy. The employee who admitted being high failed the drug test. However, there was an irregularity with our testing vendor, and it was not able to complete the confirmatory re-test of the employee’s specimen. Can we terminate the employee who admitted to working under the influence of marijuana?

Failure to call off is employment misconduct

07/09/2015
Employees who don’t call off work as company rules require may be guilty of misconduct. That means they lose the right to unemployment compensation if they are fired.