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Firing

When can you fire worker who filed complaint?

11/09/2011

Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.

Messed up? Then ‘fess up and fix your mistake

11/09/2011

Hey, it happens: Sometimes, employers mess up. But they can undo much of the damage by acting fast to fix mistakes. Take this case, in which a termination letter was sent by mistake while the disciplinary process was still under way. A quick explanation and retraction saved the day.

Never let fired employee unfairly blame bias; be prepared to prove performance deficiencies

11/07/2011
Employees who have lost their jobs have very little to lose and everything to gain by suing their former employers. Your best defense when firing: Al­­ways carefully document a performance-related reason for the termination. That will trump all but the most egregious cases of supervisory expressions of bigotry.

Your rules apply–even for employees preparing to sue

11/07/2011
Here’s another reason to have privacy and confidentiality rules: Em­­ployees who violate those rules in order to gather evidence for a lawsuit they have filed can be disciplined.

Don’t fret needlessly over being right

11/07/2011

Management doesn’t need to base its decisions on proof beyond a reasonable doubt. Courts generally uphold termination decisions, even if it turns out they were based on faulty information. Simply put, as long as an employer reasonably believes it’s firing an em­­ployee for a good reason, it doesn’t have to be right.

‘Ministerial exception’ applies to music director

10/31/2011
If yours is a religious organization, many employment discrimination laws may not apply to some employees who perform “ministerial” work.

With no explanation for firing, man files reverse-bias lawsuit

10/31/2011
A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.

NLRB: You may discipline for many employee online postings

10/27/2011
Treading carefully on today’s uncertain social media terrain, many employers might hesitate to punish employees for posting workplace comments online. But the National Labor Relations Board recently found in several scenarios that employers didn’t violate the National Labor Relations Act when they terminated or disciplined the employees.

Warn bosses: Never describe job as ‘permanent’

10/25/2011
Supervisors sometimes make the mistake—often during the hiring process or after employees pass a 60-day post-hire period—of using the term “permanent” when discussing their jobs. That essentially promises the person a job for life and it can destroy their at-will status.

Chicago bank branch fires low-vision worker after a day

10/18/2011
The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.