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Terminations

Can you fire worker for bringing gun on company property?

09/15/2016
Before terminating an employee for bringing a gun to work, check your state law.

Base layoff decisions on previous job reviews

09/15/2016
When deciding who stays and who goes during a reduction in force, use as many objective criteria as possible.

Firing OK for cheating discovered during FMLA

09/15/2016
Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?

Get legal help when contesting unemployment

09/08/2016
Employers have the right to contest a former employee’s eligibility for unemployment benefits. Talk it over with your attorney first.

Restructuring? Be sure to document reasons

09/08/2016
HR pros can’t let sympathy for an employee who is out on extended medical leave—and whose job may be in jeopardy—affect the organization’s need to respond to business needs by restructuring.

Arbitration decisions tend to stick

09/07/2016
There’s a downside to agreeing to decide disciplinary matters in arbitration. Once you agree to have your decisions second-guessed in arbitration, don’t expect to get the arbitrator’s decision easily overturned.

Legitimate discipline isn’t retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.

Conduct legally smart exit interviews

08/31/2016
Knowing why employees leave is crucial to finding the cause for turnover. Exit interviews can be a great tool to obtain that feedback. However, take care to minimize legal liability during those meetings.

What are the legal risks of layoffs?

08/26/2016
Q. In recent months, a sharp decline in revenue has forced us to consider downsizing. What are the legal risks associated with a layoff, and how can we minimize them?

Judge reinstates fired teacher despite drug conviction

08/26/2016
A judge has ordered the New Kensington-Arnold School District in Pa. to reinstate a fired music teacher even though he was convicted of possession of marijuana and drug paraphernalia.