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Terminations

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.

USF settles bias claim with fired academic advisor

09/21/2010
The University of South Florida has settled a discrimination claim brought by an academic advisor who was fired just 10 months shy of vesting her pension following a 30-year career with the Tampa-based university system.

FMLA leave OK for pregnant worker who can’t do her job

09/21/2010
Doctors sometimes tell pregnant employees they can’t lift anything in excess of a certain weight. If the job requires such lifting, there is nothing to prevent the employer from placing the pregnant worker on FMLA leave.

It’s not just doctor’s FMLA call anymore: Court allows worker’s say on health condition

09/21/2010
Here’s a new Florida case you should be aware of. A federal district court judge has allowed an FMLA interference case to go forward based on an employee’s testimony that she was absent due to a serious health condition when her employer terminated her.

Courts frown on bosses blaming subordinates for shortcomings

09/20/2010

Here’s something to consider when disciplining a supervisor or manager: She probably won’t be able to get away with blaming a subordinate for her own poor performance. Employers are entitled to expect managers to manage.

Weight discrimination: The next big protected category?

09/20/2010
Can employees be fired for being too fat? The topic is heating up, due in part to national headlines gained by two Hooters waitresses in Michigan who claim they were fired for being overweight. A judge has given them the green light to bring their cases to trial. 

WIU settles with coach who was fired after cancer diagnosis

09/16/2010
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.