Firing

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019

If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Don’t delay: Act on termination decision ASAP

11/25/2019

When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.

Discover wrongdoing during FMLA? Fire away

11/14/2019

It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Superstar won’t behave? Feel free to fire

11/07/2019

Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.

Firing for vacation during FMLA? Hit ‘pause’

09/19/2019

Even if it appears that an employee is misusing his FMLA leave, you must make discipline or termination decisions based on a rational review of the facts, including the doctor’s certification.

Cite poor performance to justify termination

09/13/2019

Smart employers always document poor performance with specific examples. That way, you have a ready defense for just about any surprise discrimination lawsuit.

Review prior complaints before terminating

09/04/2019

Before approving any recommendation to terminate a worker, review HR records to see if the worker has filed any discrimination or harassment complaints. Ensure the recommendation wasn’t motivated by retaliation.

New employee just isn’t working out? Document specific problems before firing

09/04/2019

Sometimes, you discover that an employee you or your predecessor hired simply isn’t qualified or capable of doing her job. Before you fire her, possibly triggering a lawsuit, take the time to document why she’s not working out.

Yes, you can fire workers who take FMLA leave

09/04/2019

Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.

Workers’ comp retaliation or a legitimate discharge?

08/01/2019

Firing someone shortly after he makes a workers’ compensation claim means risking a retaliation lawsuit. To defend, the employer must show the court that there was a legitimate, unrelated reason for the termination.