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Terminations

If fear is a factor, fire threatening employee

01/28/2011

It’s a legitimate workplace fear: Someone with emotional or mental problems will act out against co-workers. Sometimes, the consequences are deadly. Most of the time, threats of violence are just words. But words are enough to justify firing an employee who expresses intent to do harm, because of the fear that it instills in others.

No litigating related claims in separate venues

01/28/2011
The Court of Appeal of California has ruled that employees can’t pursue related claims in different forums at the same time.

When new employee quits, know the legal way to recoup your training costs

01/28/2011

It’s expensive to train employees, especially if the job is highly specialized. Smart employers protect their investments by having new employees sign an agreement to repay training costs if they leave soon after receiving the valuable benefit. Here’s how to recoup those costs.

Do we owe STD benefits to employee who has been terminated after FMLA leave expires?

01/26/2011
Q. Our policy is to run FMLA leave and short-term disability (STD) concurrently. The FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. Can we terminate an employee at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end STD payments, since the employee has been terminated?

Is there a ‘cooling off’ period for layoffs?

01/26/2011
Q. Is there a law that says we must abide by a 45-day waiting period between the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period. Is this a federal law?

Crothall Healthcare settles pregnancy discrimination claim

01/26/2011
Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.

PHA head is gone, but trail of lawsuits lingers on

01/26/2011
When the Philadelphia Housing Authority’s board of directors fired Executive Director Carl Greene, board members probably thought the move would end the serial litigation that marked his tenure. Wrong. Press reports last year linked Greene to a series of sexual harassment cases that—along with allegations of mismanagement—led to his firing last year …

Sick employee riffed? Beware ERISA lawsuit

01/26/2011
Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many employee benefits.

Put disciplinary wiggle room in your handbook

01/26/2011

Spring cleaning? Be sure to dust off and update your employee handbook too. Pay attention to this important point: When it comes to discipline policies, give yourself some flexibility to deal with unusual circumstances. Steer clear of complicated policies that try to categorize every conceivable offense for which employees could be fired.

Best way to thwart discrimination lawsuits: Have manager who hired also handle the firing

01/14/2011

It almost always makes sense for the same manager who hired a member of a protected class to also terminate that employee if necessary. Courts presume that someone who is prejudiced would not hire someone who belongs to a protected class, only to turn around and fire the same employee due to prejudice.