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Terminations

Secret formula for firing can be challenged in court

06/13/2017
Public employees may have constitutionally protected property interests in their jobs and the right to due process before losing their jobs. A federal court has now ruled that using a secret algorithm to determine whether a public employee will lose her job may violate that right to due process.

OK to fire if employee is indefinitely unable to work for medical reasons

06/13/2017
An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.

Feel free to ‘fire’ volunteers, just make sure you don’t defame them

06/13/2017
When a volunteer for a nonprofit organization is “fired” from his voluntary position and the organization subsequently reports the circumstances to his actual employer, resulting in his termination, can the volunteer sue the nonprofit for tortious interference with his employment contract?

‘Resign or be fired’: Humane offer or a risky ultimatum?

06/12/2017
Presenting an employee the option to resign or get fired may fall under the no-good-deed-goes-unpunished category. As a new ruling shows, such ultimatums might ultimately give you ulcers in court.

Termination for criminal wrongdoing? Don’t bad-mouth the recently departed

06/07/2017
You’re surely on safe legal grounds to fire an employee for conduct that breaks the law, aren’t you? Of course you are. But that doesn’t mean you’re free to talk about the circumstances.

Fear of violence: Can we terminate employee who has mental illness?

06/06/2017
Q. We discovered that one of our employees has a history of unprovoked violent fits due to schizophrenia. We certainly sympathize with our employee’s struggle, but we also worry about the safety of customers and other employees. Does state law allow us to fire him for this reason?

Carefully document how you decided to terminate

06/06/2017
The decision to fire an employee doesn’t usually happen overnight. It’s typically a gradual process. Be sure you can show exactly when and how you made the termination decision.

Termination likely? Follow all the steps in your usual HR processes anyway

05/10/2017
Sometimes it’s obvious that you are going to have to fire an employee. First, however, you must follow your usual employment and HR procedures. Don’t just go through the motions, and don’t get sloppy!

Beware altering job description during RIF

05/03/2017
If you are engaged in a reduction in force and rewrite a job description so an older employee is eliminated because she lacks a requirement in the new description, she could sue you and easily win in court.

Your best protection against bias lawsuits: Let he who hired be the one who fires

04/24/2017
If the manager has moved on, all is not lost. You can still argue that the worker was hired knowing his status and that it makes no sense to then have fired him for that characteristic.