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Terminations

Remind bosses: React to all FMLA requests in a calm and stoic manner

10/01/2010

An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if bosses voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit.

Can we fire worker who gives 2-week notice?

09/30/2010
Q. When an employee gives two weeks’ notice, we prefer to terminate immediately. Is there anything that prevents us from doing that? We are worried that employees who are leaving may tamper with our systems.

COBRA subsidies expiring: DOL offers guidance

09/28/2010
The federal government has answers for terminated workers who are concerned that their COBRA continuation health insurance coverage may soon get more expensive or expire all together. As federal subsidies for COBRA coverage start running out, be ready with information when your former employees call.

NLRB sides with nurses union in six-year-old dispute

09/24/2010
A Brick social services organization committed an unfair labor practice when it began cracking down on nurses who administered medications after the employees joined a union, according to the National Labor Relations Board.

Yates Construction settles race case with money–and more

09/24/2010

Stokesdale-based Yates Construction has agreed to pay two black employees $30,000 to settle racial discrimination, harassment and retaliation charges. Rodney McCants and a co-worker claimed they were subject to racial epithets and jokes in the workplace. When McCants complained about the ongoing harassment, Yates Construction fired him.

Worker quits in a huff and sues? Court: Employers need chance to fix problem

09/24/2010

Courts are starting to toss out lawsuits brought by employees who quit at the first sign of trouble without at least trying to work out a solution. Judges aren’t as willing as they were in the past to accept quitting as just another form of termination. Instead, they seem to be telling employees they need to give their employers a chance to fix problems before resorting to litigation.

Watch out when firing for breaking unwritten rule

09/24/2010
Before you approve a termination based on an employee’s apparent violation of an unwritten rule, decide whether the reason can stand up to scrutiny.

If a resigning employee gives two weeks’ notice, can we tell him not to bother coming in anymore?

09/22/2010
Q. If an employee resigns and gives two weeks’ notice, can we tell him he isn’t needed for the two weeks and avoid paying him for that time?

Accounting employee has filed for bankruptcy: Will we get in legal trouble if we fire her?

09/22/2010
Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Fired for poor judgment? That’s not enough ‘misconduct’ to nullify unemployment comp

09/22/2010

In most states, employees terminated for misconduct aren’t entitled to unemployment compensation. However, what rises to the level of misconduct requires an individualized assessment. As the following case shows, using poor judgment alone isn’t misconduct. Employees who make a mistake are eligible for benefits.