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Terminations

Document discharge decision at time it’s made

09/01/2011
When an employee senses that she may be in trouble and about to lose her job, she may begin to review the last year or so with an eye toward filing a pre-emptory lawsuit. If she suddenly remembers alleged acts of discrimination, she’s sure to complain. But she won’t win in the end if her employer can show it made the decision to fire her before she ever complained.

Punishing worker for loud complaint: Retaliation or legit insubordination penalty?

08/30/2011

Employers obviously can’t punish employees simply because they complain about discrimination. That would be retaliation. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter their content. That’s simply unacceptable in the workplace … and grounds for legal termination.

Placed on PIP? That’s no reason to quit

08/26/2011
Employees placed on performance improvement plans (PIP) sometimes suspect that they are about to be fired. But that doesn’t mean they can jump the gun, quit and apply for unemployment compensation.

How far must we go to deliver a final paycheck to a former employee?

08/23/2011
Q. Over the past six months, we have made several attempts to mail a former employee her last paycheck by certified mail. We believe we have the correct address because we mailed her other items by regular mail during this period and none has been returned. What legal obligations do we have, if any, to get this check to her?

Always have witness to entire termination process

08/23/2011
To avoid needless litigation, make sure someone else sits in on termination meetings.

Document firing decision at the time you make it

08/23/2011
Make sure you document exactly when and why you decided to terminate an employee, even if you must wait until later to tell the employee.

When terminating a veteran, can we ask her to sign a waiver of employment claims?

08/23/2011
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?

FMLA leave expired? You don’t have to reinstate

08/23/2011
Some employees assume that they’ll automatically return to their old positions after taking FMLA and other leave. That’s not necessarily true. Employers are required to guarantee return only if the employee comes back before her 12 weeks of FMLA leave expire.

Government agencies: Ensure last-chance agreements allow for pre-termination hearings

08/18/2011

Government employees have a few rights that private-sector employees lack. One is the right to “some sort of” hearing before being terminated. A public employee essentially gets the right to challenge the decision to terminate him before it is final. But what happens if the employee signs on to a so-called last-chance agreement?

Buying out business? Beware mass layoffs

08/18/2011
It’s a blow to companies intent on acquiring another business and replacing current employees with new workers: The California Supreme Court has ruled that local governments can pass “retention ordinances” that require new owners to keep existing employees, at least temporarily.