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Firing

Name-calling may be just the tip of the iceberg

03/07/2013
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.

Ensure FMLA status won’t affect firing decision

03/07/2013
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.

Title VII doesn’t cover sexual orientation

03/05/2013
While several ballot initiatives nationwide show there has been a change in how the general public perceives same-sex relationships, sexual orientation is still not a protected class under Title VII of the Civil Rights Act.

Protect against bias allegations: Involve hiring manager in any termination decision

03/05/2013
It’s a good standard policy: The person (or persons) who made the hiring decision should also take part in any firing decision. That way, the employee can’t argue that discrimination based on an obvious protected characteristic like race, sex or handicap must have been at work.

Employee won’t stop working off the clock? Don’t dock his pay; fire for misconduct

03/04/2013
Make sure managers know they can’t turn a blind eye to unpaid work by hourly employees. What can employers do? Don’t dock their pay. Instead, warn them—and then discipline them.

Worried about firing the only minority employee?

02/20/2013

If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.

Court nixes temp restraining orders for bias complaints

02/20/2013

Employees’ attorneys have come up with a unique way to interfere with an employer’s right to fire employees. Workers who fear that they’re on the verge of being fired are seeking temporary restraining orders to stop the discharge. Fortunately, not all judges are going along with the ploy.

Give HR the last word on terminations: Supervisor bias can taint firing decisions

02/20/2013
It’s never a good idea to “throw the book” at an employee just be­­cause a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.

Yes, you can fire for working off the clock

02/20/2013

Some employees refuse to follow rules prohibiting off-the-clock work. Some—insisting they can’t complete their work any other way—may clock out and then return to work. That puts employers at risk for wage-and-hour lawsuits. You don’t have to put up with it.

Personal business at work? That’s misconduct

02/20/2013
Employees who violate rules against doing personal business at work are engaging in misconduct. That can make them ineligible for unemployment compensation benefits.