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Terminations

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.

Fired Pittsburgh TV anchor sues station for race bias

08/26/2016
A former Pittsburgh news anchor whose social media post led to community outrage and her eventual firing is suing the TV station where she worked.

Known rules broken? Then no unemployment comp

08/26/2016
If employees know the rules but are fired for breaking them anyway, they may not be eligible for unemployment compensation.

Beware fiscal trouble as justification for RIF

08/22/2016
Clearly document any economic reasons for discharging older employees. Be especially careful if you are keeping younger workers who may earn more than the older employees.

Protect your right to terminate higher-ups with broadly worded ‘for-cause’ clause

08/22/2016
Most of the people who work for you are probably classified as at-will employees, but some high-level employees may work under written employment contracts that cover such issues as trade secrets and the employee’s right to compete with you after termination.

Good worker, bad attitude? Fire if you must

08/15/2016
You may have to fire an otherwise good worker if his attitude is bad enough. Be sure to document the misbehavior.

Minnesota legislature overhauls Veterans’ Preference Act

08/15/2016
The Minnesota state legislature has made significant employer-friendly changes to the veterans’ preference law that state, county, and municipal governments must follow, making it easier to terminate employees who aren’t working out.

Artful wording doesn’t alter WARN Act intent

08/15/2016

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

Minnesota state wage law allows wrongful discharge suit

08/15/2016
A Minnesota appeals court has ruled that workers fired for refusing to go along with Minnesota Fair Labor Standards Act (MFLSA) violations can sue and recover damages.

Different severance OK–if there’s a legal rationale

08/11/2016
When planning a reduction in force, you can offer different employees different severance payments—as long as it’s based on a nondiscriminatory reason, such as length of service.