Firing

Firing whistleblower? Be clear about timing

08/01/2019

Employers should make sure to note exactly when they terminate a whistleblower. Then they should challenge any whistleblower retaliation complaints filed more than 30 days after that date.

Use date-and-time-stamp to document when firing decision was really made

07/30/2019

Having proof of exactly when you recorded the need for discipline can be useful if a claim winds up in court.

Mistaken termination? Offer reinstatement ASAP

07/02/2019

If you realize you erred in terminating an employee, it usually makes sense to immediately offer to reinstate him.

Take extra care when firing after ADA, FMLA

06/10/2019

Firing an employee who is returning from ADA or FMLA leave is a risky proposition. Make absolutely sure you can justify the termination with legitimate business reasons that have nothing to do with missing work, taking leave or requesting accommodations.

Good faith wins, even if you might have been wrong

05/31/2019

Courts almost never second-guess employers’ decisions—even dubious ones—as long as they are confident the decisions were made in good faith.

No need for termination notice to state reason

05/29/2019

Employers don’t necessarily have to detail why they decided to fire an employee, for example in a formal termination notice. If they are later sued, it’s enough to provide original documentation justifying the legitimacy of the discharge.

Solid reasons for termination? Fire away!

05/06/2019

If you have compelling reasons to terminate someone and have carefully documented them, there’s really no reason to fear pulling the firing trigger. Just be sure to treat all similarly situated employees the same way.

Yes, you can terminate during FMLA leave

04/18/2019

You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.

Beware close timing between FMLA leave and discipline

04/15/2019

The closer a termination comes to the end of a worker’s FMLA leave, the more likely she may win an FMLA-retaliation lawsuit.

Fired harasser can’t collect unemployment

04/02/2019

If you have a robust harassment policy that prohibits even a single incident of unwanted touching, rest assured that a fired harasser won’t be eligible for unemployment benefits.