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Firing

Former superstars aren’t immune from scrutiny

05/19/2014
The best approach to dealing with declining performance is careful and meticulous record-keeping showing expectations and how the employee isn’t meeting them. Objective facts trump the employee’s feelings that she is being discriminated against for some reason.

A RIF of one?

05/12/2014
A manager for U.S. Seal Manu­fact­­urers probably envisioned a retirement ceremony and gold watch after working for the company for more than half a century. Instead, he was called to his supervisor’s office, given a severance package and escorted from the property by security guards.

Your best bet for preventing lawsuits: Prompt action, unimpeachable fairness

05/12/2014
Prompt, fair resolution of harassment complaints is the best way to prevent litigation—and defend yourself if a lawsuit happens anyway.

Outrageous behavior? Don’t fear fast discipline

05/12/2014
Some workplace behavior is so outrageous that employers must take immediate action. While a complete and thorough investigation is ideal, don’t be afraid to act fast when necessary.

Survive most lawsuits by being able to cite solid, documented reasons for termination

05/07/2014

Courts like to see that ­employers pause before firing an employee accused of breaking a rule and then document their investigation carefully. Interviewing the employee should be routine in most disciplinary cases. Temporarily suspending an employee before making a final decision also shows the court that the process was fair.

Worker refuses to follow directions? OK to fire

05/01/2014
Employees don’t have the right to decide which directions they must follow. Unless there are clearly extenuating reasons (safety concerns, for example), you can and should discipline workers who refuse to cooperate.

What’s the legal standard for firing an executive for behaving inappropriately?

04/30/2014
Q. We recently held a three-day meeting and on the second night one of the regional account executives proceeded to drink too much and behave very badly. He failed to show up for the final day of the meeting. Is this grounds for dismissal?

Disruptive behavior? That’s a firing offense

04/30/2014
Employers don’t have to tolerate disruptive and rude behavior in the workplace. You can set—and should enforce—basic civility rules. Not only does that give you a basis for discipline, but it may prevent a problem from escalating from boorish behavior to harassment.

It’s official: New York court reporter really hated his job

04/30/2014
A Manhattan court stenographer’s job dissatisfaction is part of the official record after he repeatedly typed, “I hate my job, I hate my job” into the transcripts of 30 trials.

Fired for insubordination? No unemployment benefits

04/15/2014
Employees have to abide by reasonable rules whether they like them or not. Insubordination remains a reason to deny unemployment compensation to terminated workers.