Firing

Firing? Never blast the departing employee

10/28/2015

When announcing a termination, make sure no one says anything that’s potentially defamatory. Keep the announcement professional and don’t make gratuitous comments, no matter the reason. Tell only those who need to know why the firing happened.

Be prepared to comply with Minnesota’s requirement to explain involuntary termination

10/28/2015

Minnesota employers have to walk through a minefield in order to terminate someone. Consider, for example, what might happen if the newly discharged employee asks for a written explanation of her termination. Offer one that’s less than honest, and you may be violating Minnesota’s Section 181.933.

The Cat’s Paw Theory of discriminatory firing

10/20/2015

Under what’s called the Cat’s Paw Theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.

No call is willful misconduct, means no unemployment

09/30/2015

When an employee is fired for failing to follow call-off procedures when sick, he may lose unemployment benefits. That’s because violating the rules constitutes willful misconduct.

Believe employee lied? That’s grounds for firing

09/05/2015

You have the right to expect honesty from your employees. You can fire if you reasonably believe an employee lied about an absence, knowing that you are on safe legal ground if the employee sues.

Parking employee fired for venting at grief session

09/01/2015

After a young, inexperienced driver for the Philadelphia Parking Authority accidentally ran over and killed a fellow employee, managers convened a grief counseling session. An already difficult gathering took a turn for the worse when the grief counselor asked for ideas on how to prevent such accidents …

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.