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Terminations

Document reason for termination to make sure courts don’t second-guess your decision

08/26/2009

If you have to fire an employee, don’t worry that a court is just waiting to second-guess why you did so. The fact is, courts are reluctant to question your reasons as long as you can convince them the reasons were honest, even if in retrospect they may seem baseless or even foolish. They don’t want to become a national HR department.

Cross-dressing hair stylist blames firing on gay bias

08/26/2009

Daniel Brant liked to curl his eyelashes and wear mascara and heels when he went to his hair-stylist job at the Chop Shop on the Philadelphia campus of Temple University. When his boss transferred him to the salon’s South Street location and later fired him, he sued for discrimination.

During RIF, make sure your rationale makes sense

08/26/2009

Reductions in force are risky, so plan them carefully. Before you try to explain why you’re letting certain employees go, make sure your reasons make sense.

Confront bigotry—it won’t go away by itself

08/25/2009

It may be tempting to ignore rumors about racial or other hostility in the workplace. But you do so at the company’s peril—especially if some of that hostility is coming from a supervisor who has the power to hire and fire.

Document rationale and process for every firing decision

08/25/2009

Courts seldom second-guess firing decisions if employers can articulate solid reasons for the discharge—and take the time to document their decision-making processes. That’s because employees who want to challenge their employer’s termination decisions have to raise suspicions that the employer’s reason was not credible and that it wasn’t really a motivating factor in the decision.

Depressed gas worker wins $1.8 million in ADA case

08/25/2009

An Atlantic City jury has awarded Scott Jones $1.8 million in his suit against his former employer, South Jersey Gas, after the company dismissed him for poor work performance. Jones claimed his poor performance was due to his battle with depression and that the company failed to discuss accommodations of his condition.

New EEOC guide could spur severance-plan gripes

08/20/2009

Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.

Fight harassment with a no-sex-talk policy

08/20/2009

For years, employers have grappled with the question of what exactly is “sexual harassment” and how much sexual banter is allowable. But lost in that debate is the fact that a workplace is just that—a place where work is supposed to be done. Here’s one good way to end this legal tightrope-walking and prevent potential problems down the line: Implement a policy that clearly bans sexual banter. Then punish those in violation.

Lessons from the Courts: Sept. 2009

08/20/2009

Discipline one day after complaint? See you in court … Obscure terms could trigger race-bias suit … Teach front-line staff how to handle legal papers … Employees can have more than one "employer" … Employee is her own lawyer? Don’t pull punches.

The 7 biggest triggers to age bias claims … and how to avoid them

08/20/2009

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up: