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Firing

Document poor attitude, just in case of lawsuit

11/25/2011
Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Can I fire someone I just don’t like?

11/23/2011
Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him?

Contesting unemployment? Prove misconduct was willful

11/23/2011
Employees fired for willful misconduct aren’t eligible for unemployment compensation. If you terminate someone for breaking a workplace rule, be prepared to prove that the employee knew about the rule and understood it.

Is employee being set up to fail? Beware boss’s criticism of ‘soft’ skills

11/23/2011
Discrimination can creep into the workplace, even if on the surface there’s nothing blatantly offensive going on. There are still supervisors who treat subordinates poorly because of race or some other protected characteristic. That’s why HR should exercise caution before authorizing discipline against an employee who is meeting concrete goals like sales figures, but is being criticized for more general problems.

Tell supervisors: No matter the inconvenience, never interfere with employees’ FMLA rights

11/23/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

Institution has last word for state higher-ed whistle-blower

11/18/2011
Good news for public colleges and universities: When staff blow the whistle on alleged wrongdoing and the institution has a sound policy for dealing with such allegations, the employee can’t also take the claim to federal court.

NLRB on social media: Facebook firing didn’t break law

11/16/2011

While the law concerning acceptable employee use of social media remains uncertain, the NLRB is starting to shed more light on what conduct is acceptable under the National Labor Relations Act. The NLRB has issued a decision in Karl Knauz Motors Inc., holding that Knauz did not violate the NLRA when it terminated an employee.

Beware firing after good employee complains

11/16/2011
Think twice before firing a good employee who has complained. If she can prove she earned excellent reviews and had good attendance, she may win a jury trial based on timing alone.

Freeport firefighter claims union talk led to firing

11/09/2011
Legal action is heating up the Panhandle town of Freeport, after firefighter John Carter sued the mayor and the fire chief.

Warn supervisors: It’s not your job to question why employees take FMLA leave

11/09/2011

Employees can’t be deprived of FMLA leave as long as they meet the law’s requirements for length of employment and hours worked and must deal with their own or a family member’s serious health condition. After FMLA leave has been approved, it’s a huge mistake to question employees about how they use their leave. Essentially, doing so may be interpreted as interference with the right to take leave.