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Terminations

What factors should I consider before firing a new employee for excessive absences?

05/26/2010
Q. We have a new administrative employee in our medical office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is a shambles. Can I put her on written warning for excessive absences? Can I terminate her?

Don’t let fear of lawsuit keep you from firing harasser

05/26/2010
There’s no way around it: When you fire someone who has been harassing other employees, he may sue. Accept that fact and carefully document the investigation that led to the termination.

No-fault attendance alert: Think twice before firing FMLA-eligible employee

05/26/2010

Employers can use no-fault attendance policies as a way to control absenteeism. There’s no doubt about the effectiveness of no-fault programs, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. But before you fire an employee for breaking your absenteeism rules, carefully consider whether he is eligible for FMLA leave.

Include contract disclaimers in your handbook

05/26/2010

If, like most employers, you use an employee handbook to manage the workplace, remember that you must ensure that employees understand that the handbook is not a contract. Do that by clearly stating that employment is at-will and that employees can be fired for any reason or no reason.

Beware shifting explanations for HR decisions

05/26/2010

When it comes to hiring and retention decisions, make sure that everyone involved in the process is on the same page. Decide on the criteria and stick with them for all candidates. Otherwise, shifting explanations about who is chosen and who is rejected can look like intentional efforts to manipulate the choice and hide underlying discrimination.

3 reasons to drop the curtain on your office prima donnas

05/25/2010

Plenty of managers feel like they’re between a rock and a hard place because they have someone on their team who produces great results but alienates almost everyone around them. They’re prima donnas! If you have a prima donna on your team who keeps playing games, bite the bullet and fire the person. Here’s why.

If worker on RIF list has sought reasonable accommodations, be prepared to justify

05/24/2010

Watch out! If you’re contemplating reducing your workforce in order to survive today’s harsh economic climate, you need to prepare for potential litigation. To do that, make sure you carefully document why you are making the reductions. That’s especially critical if you have been negotiating reasonable accommodations for a disabled employee who may be on your RIF list.

Loose lips sink employers: How a manager’s convenience store visit cost $100,000

05/18/2010

Employment law risks don’t disappear the minute your managers leave the building at the day’s end. Those risks follow managers around constantly. That’s why you should make clear to supervisors that they should never discuss personnel matters outside the workplace—even at the corner Kwik-E-Mart.

State wrongful discharge suit fails without actual firing

05/17/2010

Under many federal employment laws, employees don’t have to be fired to sue for wrongful termination. Instead, they can claim constructive discharge, alleging they had no choice but to quit. But that argument won’t fly for employees who try to sue their Illinois employers for common-law wrongful termination.

Dismissed criminal charge doesn’t require reinstatement

05/17/2010

When an employee is charged with a criminal offense that reflects on his ability to perform his job, many employers suspend or even fire the employee. If he’s acquitted, must he get his job back? Not necessarily.