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Firing

Document why you fired worker, even in cases where rationale seems crystal clear

03/29/2011

Often, you have to fire employees for reasons that seem painfully obvious. Don’t let that stop you from carefully documenting the decision. The fact is, you never know which employee will sue or what she will claim.

Be patient if worker alleges minor harassment

03/29/2011

Employers have an obligation to prevent sexual harassment and to end it when it does occur. But many times, what a thin-skinned employee considers harassment isn’t actually serious enough to rise to that level. When that happens, smart employers exercise patience. They understand the very real danger of winning a sexual harassment case but losing the retaliation case that follows.

Limit access to information about litigation

03/29/2011

With the most recent U.S. Supreme Court pronouncement on retaliation, it’s now clearly impermissible to punish someone who is closely related to an employee who has filed an EEOC complaint or lawsuit. But you can protect yourself by limiting who within the company knows about litigation.

Don’t change termination reason after the fact

03/29/2011

Before you officially terminate an employee, make sure you have nailed down the reasons. That’s the official word—even if your decision is challenged. Here’s why: A court may see new or additional reasons as evidence that the first reasons were just excuses.

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.