Firing

Supreme Court: Check boss bias before discipline

03/29/2011

It’s more important than ever now for HR professionals to independently check supervisors’ disciplinary recommendations to ensure that they have no ulterior motives. That’s because the U.S. Supreme Court, in a much-anticipated “cat’s paw” ruling, said that an employer can be found liable for the discriminatory intent of supervisors who influence—but don’t ultimately make—an adverse employment decision.

How to discipline employees for working unauthorized OT

03/24/2011

Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

Firing hourly worker? Starbucks’ big win shows how to handle wage statements and pay

03/22/2011

Terminating an employee is never easy. But thanks to a recent California Court of Appeal decision, at least you don’t have to worry about wage statement violations—if you follow the common sense guidelines the court announced.

Nice work if you can get it: 12 years of full-time time off

03/22/2011

Heads are rolling in Norfolk, Va., following the discovery that a government worker who was suspended 12 years ago and hasn’t done a day of work since then has been drawing a paycheck the whole time. And get this: Now that she’s been officially fired, she’s suing.

How to avoid the FMLA ‘no-fire’ zone: Prorate performance goals to account for FMLA leave

03/18/2011

Sometimes employees will suddenly request FMLA leave when they know they face termination because they’re not meeting their performance goals. They think no one can be fired while on FMLA leave. Wrong! You can fire such a worker—as long as you first make performance goal adjustments that take their FMLA leave into account.

SCOTUS retaliation ruling already a factor

03/16/2011

The ink was barely dry on the U.S. Supreme Court retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.

Legit discipline OK, even following complaint

03/16/2011

Some managers worry needlessly that any step they take after an employee complains about harassment will mean a lawsuit. But as long as you can support your disciplinary act with a good reason—and you keep good records showing how you made the decision—chances are good a court will dismiss the suit.

HR can’t always save the day when bosses go overboard

03/14/2011

HR can’t right all wrongs. When a supervisor rashly fires an employee for filing a complaint, not even fast action by HR to reinstate the employee can save the company from liability.

Relocating? OK to fire immigrant worker who fails to renew visa in time for move

03/14/2011

Employers in highly technical fields sometimes sponsor immigrant workers and help them secure work visas and eventual “green card” status as permanent resident aliens. When those visas are set to expire and it appears the employee may not be able to renew the work authorization, employers aren’t discriminating on the basis of national origin if they elect to terminate the employee.

Firing meetings: Let workers talk; ‘zip it’ doesn’t work

03/11/2011

You’ve had it up to here. Now it’s time to fire a poorly performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …