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Terminations

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Noncompete violation means no unemployment

06/26/2018
When an employee is fired for violating the terms of a noncompete, he won’t receive unemployment compensation because he committed willful act of wrongdoing, which bars benefits. It doesn’t matter if the employee’s supervisor was involved in the breach.

Firing: When and where?

06/21/2018
Firing employees is part of your job. And it’s never easy. But you can make it more bearable by choosing where and when to do the job.

Impartiality required when firing bias complainant

06/14/2018
Trying to fire a worker who has made discrimination claims against her supervisors? Think about assigning an impartial fact-finding decision-maker before you discharge.

Wrongfully termination? Do the math before deciding not to take employee back

06/12/2018
When an employer is found to have discriminated against a worker who was terminated, two big questions arise: whether the remedy will be reinstatement or payment of so-called front pay—the amount the employee would have earned had he not been fired.

Always consult attorney before terminating employee who filed whistleblower complaint

05/30/2018
Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.

How to legally deal with an employee’s post-termination ‘vent letter’

05/25/2018
“Vent letters” are becoming more prevalent in the modern workplace. Here are some tips to help deal with this new trend, from attorney Adam Bartrom of Barnes & Thornburg.

Public policy interest may prevent reinstatement of rogue police officers

05/16/2018
When Minnesota public employees are reinstated following arbitration of a disciplinary case, the employer may still move to prevent reinstatement under the concept of public policy interest. That’s especially true for law enforcement employees accused of using excessive force.

Foreign subsidiary? Litigation may have to be overseas

05/09/2018
An employer with operations in another nation may be able to push any employment-related litigation away from the United States even if some decisions were made in the United States at, for example, corporate headquarters.

He who does the hiring should also do the firing

03/13/2018

If possible, the same manager who made the hiring decision should also make the firing decision. That’s because presumably a manager wouldn’t hire someone knowing they belonged to an obvious protected classification and then turn around and fire that person because of that status.

Good records get lawsuits dismissed fast

02/14/2018

Employers that have well-documented business reasons for every discharge typically win lawsuits that allege discrimination. Good records force employees to prove that an allegedly legitimate reason for firing was a pretext for covering up discrimination.

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