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Terminations

Back up consistent discipline system with documentation, review of high-stakes cases

07/22/2011
You can take steps to ensure that most employee lawsuits will fail, especially when it comes to discipline. The key is to make sure similar misconduct yields similar punishment, regardless of the employee’s race, sex, age or other protected characteristic. It’s also critical for HR to track discipline carefully.

It’s an emergency! Can we fire worker whose volunteer firefighting duties cause absences?

07/19/2011
Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him on this basis?

It’s time for a talk if you’ve heard a boss has been disparaging disabled employees

07/19/2011

Are you hearing that a supervisor is making less than flattering statements about a disabled employee or disabled individuals in general? Then it’s time to call in the supervisor and explain to her it has to stop. That’s especially true if the super­visor happens to have a disabled ­employee under her direction and recommends that the employee should be terminated.

Quitting pending discharge means no unemployment comp

07/13/2011
Employees who quit after being told they may be terminated aren’t eligible for unemployment compensation. That’s especially true if quitting provides another benefit, such as the ability to use the employer as a reference.

Firing those with obsolete skills isn’t age bias

07/13/2011
In today’s tough economy, it’s sometimes necessary to terminate em­­ployees. That may be especially true when new technology makes it easier to perform some tasks, reducing the need for employees.

If employee can’t return from FMLA leave, it’s not interference to terminate

07/13/2011

Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.

Honestly believe worker broke rule? Firing OK

07/13/2011
Here’s something to remember when you’re worried about firing someone because you might get sued: Judges don’t want to run HR departments. As long as HR acts honestly and believes the employee should be fired because she broke a company rule, chances are a lawsuit won’t ­succeed.

Bad attitude, rude behavior bars unemployment

07/13/2011
Employees who have been fired generally qualify for unemployment benefits unless they were terminated for misconduct. But “misconduct” is broadly defined. It can even include rude or snippy behavior that shows an employee doesn’t really care.

Key to beating lawsuit: Belief worker broke rule

07/13/2011
Employers that can show they fired an employee for violating a company policy will generally win any subsequent lawsuit—if they can show they reasonably believed that’s what happened. It doesn’t matter if later it turns out the employer was wrong.

When age seems obvious factor, expect lengthy legal process

07/13/2011
Here’s something to consider when terminating an older employee, while leaving younger ones in place: If your organization is sued, don’t expect the case to be tossed early on. Instead, brace for protracted litigation.