Terminations

Firing during FMLA leave? Prove FMLA wasn’t reason

11/04/2021

Employees cannot be fired for taking FMLA leave. If you must terminate someone who has taken FMLA leave, be prepared to show it had nothing to do with their leave-taking. Do that by contemporaneously documenting what led to the termination and when you made the decision to fire.

Low-wage resignations are reshaping labor market

11/02/2021

“The Great Resignation” moniker probably overstates the magnitude of the job changes roiling the labor market. However, the employees who are seeking new jobs demand employer attention, according to a new report by the Mercer consulting firm.

How to take the sting—and legal risk—out of terminations

10/21/2021

Is there a “best” way to fire an employee? There is no conversation more traumatic for both the employer delivering the message and the employee receiving it. That said, there are some best practices that can help for all involved.

The Great Resignation: What it means for you

10/21/2021

Every economic era comes with a label. In the 1930s, there was the Great Depression. The Great Recession followed the housing and stock crashes of 2008. Now we have a new moniker, this one tailored to the market-shaping power of the coronavirus.

Employers begin firing covid vaccine refusers

10/07/2021

The Biden administration hasn’t even finished drafting rules for mandatory employee covid-19 vaccinations, but employers are already taking action. Some large employers have begun firing noncompliant workers or announced new mandates after previous incentives failed to get more workers vaccinated. Here are some examples.

If employee is fired for refusing vaccine, can he still collect unemployment?

09/17/2021

As more employers mandate the vaccine for their workers, some employees are asking an important question: If I’m fired for refusing my company’s vaccine mandate, would I still qualify for unemployment?

Fired HR pro faces prison for sabotaging resume database

09/07/2021

A fired HR director from Florida has been convicted of illegally accessing and damaging her former employer’s computer files after she deleted tens of thousands of HR records.

Investigate before firing alleged FMLA ‘liar’

09/02/2021

Generally, employers are allowed to fire employees they believe lied about their need for FMLA leave. But there is an important proviso: The employer must act in good faith, showing it conducted an investigation into whether the employee was entitled to leave or not.

Survey: 68% of employers worry about talent exodus

08/31/2021

68% of companies report a concern about an exodus of talent. Asked by outplacement firm Challenger, Gray & Christmas what is fueling workers’ desire to leave, 75% of employers cited a desire for more flexibility and 59% cite worker burnout.

Set objective criteria for who loses job in layoff

08/05/2021

Use objective standards to decide who will stay or go during a reduction in force. That helps eliminate the chance that bias will taint the RIF process and trigger an employee lawsuit.