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Terminations

Remind supervisors to track all bias complaints

10/04/2010

Employees who are disciplined may claim they were punished for reporting alleged discrimination or harassment. But employers that can show that there was no such report will get the case tossed out. That’s why it’s important for all supervisors and managers to routinely document all discrimination complaints.

Employee lied during internal investigation? That’s a firing offense you can act on

10/04/2010

Employers know they must conduct prompt and thorough investigations once an employee complains about discrimination or harassment. The integrity of the investigative process depends on the honesty of all participants. You don’t have to tolerate employees who lie during an investigation, even if the lie is a minor one.

DOL awards $5.3 million to Texas aerospace workers

10/04/2010

The U.S. Department of Labor’s Employment and Training Administration will provide more than $5.3 million to the Texas Workforce Commission to assist recently laid-off aerospace workers. The federal grant is aimed at helping 600 workers who lost their jobs when NASA began retiring the Space Shuttle program.

Document every reason for firing employee

10/04/2010

When an employee tries to challenge his employer’s decision to discharge him based on some form of discrimination, he has to show that the reasons for the firing weren’t legitimate. It’s not good enough to knock down just one of the reasons. He has to show all of them were suspect. That’s why it’s important to document in your files each legitimate discharge reason—at the time you make the decision.

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.