Terminations

Fired employee sues? Consider counter-claim

11/06/2018

If you have good records showing exactly how you decided to terminate and can explain why you terminated an employee without stating the underlying reasons, you may be able to bring that up if she sues.

Document each step of the RIF process

10/31/2018

Chances are an employee won’t be able to make discrimination charges stick if you can clearly show 1) when you chose who to terminate and 2) for what legitimate business reason.

Fire if manager falsifies employee hours worked

10/25/2018

Time clocks and other time-tracking systems are designed to ensure workers receive all the pay they are entitled to. Manipulating those systems can easily lead to huge back-pay awards.

Clearly document the rationale for disciplinary decisions you make

10/22/2018

Before disciplining a worker, be sure to think about how you might defend the decision later. Then document all the reasons why the employee deserves the punishment you propose.

Check layoff rationale for signs of hidden discrimination

10/03/2018

A layoff based on legitimate business reasons can still form the basis for a retaliation claim if the layoff decision was based on ulterior motives.

Employees who resign aren’t usually eligible for unemployment compensation benefits

09/25/2018

Generally, an employee who voluntarily resigns is ineligible for unemployment compensation benefits. However, there are some exceptions.

FMLA: Firing can easily trigger retaliation suit

08/29/2018

Thinking about terminating an employee who is currently out on FMLA leave? Proceed with the greatest of care! If ever there was a “red lights flashing” HR moment, this is it.

How to avoid a wrongful-discharge suit

08/15/2018

How can you discharge or discipline an employee without ending up in court? Here are seven key tests of whether there was “just cause” for your action.

OK to fire disabled worker who cannot perform job duties

08/08/2018

Sadly, some employee disabilities just can’t be accommodated, which means the employee can be terminated. Just make sure you can back up your contention that there was nothing that could be done to allow the employee to keep working.

Layoffs and union contracts: When seniority collides with disability, seniority prevails

08/06/2018

When conducting layoffs, some employers give preference to more experienced workers, letting them keep their jobs while less senior workers must go. Disabled employees who get bumped may claim they should have been given preference, keeping their jobs as a reasonable accommodation.