• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly

Firing

Don’t expect access to employees’ past job records to prove poor performance

03/06/2012
If a fired employee sues your organization, alleging discrimination, you’ll probably want to argue that the real reason was the employee’s poor work perform­ance. Maybe you’ll want to claim that it was a mistake to hire the employee in the first place. Well, don’t expect the court to let you go on a fishing expedition into the employee’s past jobs.

Make sure employees understand the method you use to calculate FMLA leave

03/05/2012

Employers that don’t take the time and effort to understand the ins and outs of the FMLA do so at their peril. Courts are beginning to lose patience and have started assessing employers double damages for FMLA violations. Something as simple as not making sure employees understand what method you use to calculate FMLA leave entitlements can mean huge liabilities …

Seek expert legal help when dealing with NLRB

03/05/2012

Employers that find themselves in the cross hairs of the National Labor Relations Board should get expert legal help, especially if charged with unfair labor practices. That’s because once the NLRB concludes you fired employees for engaging in protected activity, it is very hard to argue against those employees’ eventual reinstatement.

Key to quick lawsuit dismissals: Clear documentation of discipline decisions

03/01/2012
It’s always wise to keep careful records showing exactly why you terminate employees. They’re crucial if an employee ever sues. By showing specific reasons why you fired someone, you will be able to show the court that the termination was appropriate.

Boss recommends firing? Check for bias

02/27/2012
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

Panera Bread gets double helping of bias litigation

02/22/2012
A Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.

Firing OK for breaking no-dating policy?

02/22/2012
Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?

Court: False harassment complaint is grounds for termination

02/22/2012
A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.

Franco’s first director role: a legal comedy

02/14/2012
What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got fired for ­giving Franco the lousy grade?

Courts: Don’t make us second-guess your decisions

02/13/2012
The 11th Circuit Court of Appeals has made it clear that it isn’t interested in interfering unnecessarily with management decisions … The lesson here is that as long as you have a rational reason for discharging an employee, chances are your decision won’t be questioned.