Firing

Can we fire worker who gave notice and promptly started slacking off?

02/05/2014

Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?

How to dodge an FMLA bullet: Consider granting after-the-fact leave request

02/05/2014

Sometimes, simple medical procedures turn out to be not so simple after all. A few days off for outpatient surgery may morph into a lengthy FMLA leave and render the employee disabled. Don’t jump the gun and terminate the employee without considering whether he’s now entitled to FMLA leave and reasonable accommodations.

Firing: You don’t have to be right, just honest

01/28/2014

Employees don’t always see eye to eye on discipline, performance appraisals or other workplace issues. But as long as you reasonably believe that your discipline was appropriate or your evaluation was on the money, you have little to fear. Simply put, the employee doesn’t get to second-guess your reasons.

Now what? Bad former employee wants a reference

01/24/2014

Q. I received a call from an employee I recently fired, letting me know she listed me as a reference. She was terminated because of performance. Can I disclose that information to a potential employer?

Difficult employee broke your rules? No need to fear legitimate termination

01/24/2014

Do you have a difficult employee you just know is going to sue you if you fire him? That’s no reason to treat him with kid gloves. Just make sure you have a rock-solid reason for the discharge. You may still be sued, but the case likely won’t go far.

The evidence is on Facebook: Can we fire for inappropriate behavior while wearing our logo?

01/22/2014

Q. One of our employees recently posted a picture of himself on Facebook doing something inappropriate while wearing a T-shirt with our company logo on it. The inappropriate conduct didn’t occur at a work event, but we’re concerned that the T-shirt connects us to the conduct. We would like to fire him immediately, but we hesitate because the termination is based on his personal Facebook page.

Beware discipline immediately after complaint

01/22/2014

Before you authorize disciplinary action against an employee who has just complained about discrimination or harassment, prepare for a legal fight. If you follow through and the employee sues, few courts will quickly dismiss the case.

Progressive Discipline

01/18/2014

HR Law 101: The most reliable way to protect your organization from charges of wrongful discharge is to establish and enforce a system of progressive discipline. Make it clear to all your supervisors that they’re expected to abide by your policy …

Constructive Discharge

01/17/2014

HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy …

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions …