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Terminations

Allen debt counseling firm sued for race bias, FLSA violations

01/07/2011
Two former salespeople are suing Greenshield Financial Services, a debt consolidation firm based in Allen, claiming the company is racially biased and failed to properly pay them for overtime hours.

EEOC sues Houston firm over mandatory retirement

01/07/2011
The EEOC says a Metallic Products’ policy of requiring employees to retire at age 70 is a violation of the Age Discrimination in Employment Act (ADEA) and is suing to make it stop.

Firing? Follow the 2-and-1 rule: Two company reps, one reason for termination

01/07/2011

Have at least two managers represent the company at any termination meeting. That way, the fired employee can’t make exaggerated claims about what happened during the meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that one reason.

Beware constructive discharge: When work is so intolerable, employee feels he must quit

01/07/2011

Every once in a while, an employee is such a pain in the neck that a manager wishes he would just quit. Methodically, the boss makes life increasingly difficult for the problem child. Finally, the employee resigns. Problem solved, right? Wrong! Now the employee can sue, claiming “constructive discharge.”

Good faith–not perfection–is standard for deciding if wrongdoing calls for discipline

01/07/2011
Do you worry that you need absolute proof of wrongdoing before disciplining an employee? You don’t. Employers have to be fair, not absolutely right.

Call lawyer about worker’s perceived disability

01/07/2011

It may seem like the obvious move: If an employee has a medical condition that makes it impossible to do her job safely, then it makes sense to terminate her. Not so fast! Consult your attorney before you fire her.

How to Respond to an EEOC Complaint: 10 Steps to Success

01/04/2011
The EEOC and state and local agencies have been filing more administrative charges in recent years and that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond: 1. Tell the whole story Often, […]

When employee threatens, you can and should discipline–regardless of reason

01/03/2011

Employers and employees have the right to a safe work environment free from violence or direct threats of harm. Punishing an employee who puts others in danger or creates widespread fear is not only appropriate, but essential. That’s true regardless of the underlying reason for the threatening behavior. You can discipline the employee, no matter why he misbehaved.

Are we legally required to offer performance improvement plans and last-chance warnings?

01/03/2011
Q. I attended a seminar for HR professionals last month where the instructor discussed the value of offering performance improvement plans and last-chance warnings to employees before they are terminated. Is my company obligated to offer these plans or warnings?

It’s safe to tell the truth about former employees

01/03/2011
Let’s say you have fired someone for breaking company rules, conduct so severe that the police get involved. What should you tell people who call later, looking for references on the former employee? The truth!