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Terminations

Ready to punish slacking employee? First, have a talk with her

02/21/2011
If you hesitate to discuss problems with employees before disciplining them, it may be time to reconsider. After all, employees often admit their mistakes when confronted directly. Any admissions the employee makes during the interview can be used later to support your disciplinary decision.

Beware hasty discipline for FMLA leave-takers

02/15/2011

Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.

Employee who fears illness can quit, collect unemployment

02/14/2011
Workers whose employers give them good cause to leave a job are still entitled to unemployment compensation benefits.

Jewel-Osco to pay $3.2 million for violations of the ADA

02/11/2011
Jewel-Osco—the conglomerate that owns the Supervalu, American Drug Stores and Jewel Food Stores chains—has agreed to settle an EEOC lawsuit alleging it violated the ADA when it terminated employees after their medical leaves of absence ended.

Alcoholism: a disability; drunkenness: a firing offense

02/11/2011
Alcoholism may be a disability, but that doesn’t mean alcoholic employees can get away with showing up at work a little tipsy.

Want to ‘fire’ your way out of problems with troublesome employees? Think again

02/11/2011

You’ve been dealing with a particularly difficult employee. He’s constantly claiming he’s being discriminated against in one way or another. But then he breaks a rule, and you spot your chance to fire him—of course, following all your internal procedures to the letter. Finally! Now you can rest easy, believing the employee can’t possibly come back and successfully sue you. Guess again.

Prep for firing with honest investigation

02/11/2011

Courts don’t like it when employees are treated unfairly. On the other hand, judges don’t want to serve as HR courts, either. That’s why they generally defer to management decisions that seem fair and honest. Judges prefer it when employers investigate allegations of employee wrongdoing before they fire someone—but they don’t require that the investigation be perfect.

Chipotle fires workers, faces protests, after ICE audit

02/09/2011
Protesters have been picketing some of Minnesota’s 50 Chipotle restaurants after the McDonald’s-owned company fired hundreds of workers—mainly Latino—because they lacked proper documentation. The firings followed an audit by ICE officials, which have now expanded to other Chipotle restaurants nationwide.

Worry that boss is a bully? Ask subordinates

02/09/2011

You hear a lot about bullies and bullying these days, especially in schools. But bullies grow up. If they’re not stopped, they bring intimidation and violence into the workplace. What’s worse, some of them will become supervisors. If you get wind of a potential bully boss, here’s what to do:

Don’t get even: The rules, risks of post-employment retaliation

02/09/2011

The typical retaliation scenario involves an employer firing an employee who has complained about discrimination or engaged in some other protected activity. What happens, however, if the employer retaliates after the end of the employment relationship? Do the anti-retaliation laws cover allegations of post-employment misconduct? The short answer is yes.