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Terminations

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

EEOC on the way? Prepare your supervisors

08/24/2017
If you haven’t had to interact with EEOC investigators yet, chances are you will eventually. And a supervisor who hasn’t been properly prepared to deal with EEOC investigators can sink your case fast.

Consider paying a little extra on termination

08/21/2017
Do you think you may have slightly underpaid an employee who is being terminated? Paying her a little extra as she heads out the door may fix that problem without penalty, based on California wage payment rules.

Never mention workers’ ages when discussing reduction in force

08/21/2017
What not to do when closing down offices in which workers are older than the company average: Mention that eventually you may be able to hire younger replacements at lower cost. That’s just asking for a lawsuit.

Time spent texting counts as absenteeism

08/17/2017
Workers who waste time on their personal electronics may be present physically but otherwise absent.

Was that really a layoff, or just an excuse to get rid of a squeaky wheel?

08/09/2017
The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Got a good reason for firing? Then stick with it–or risk a lawsuit

08/03/2017
Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.

Budget crisis is valid reason for termination

08/03/2017
Courts don’t want to be in charge of running your business. Generally, if you can put forth a genuine, legal rationale reason for an action—such as terminating an employee for budgetary reasons—courts aren’t going to step in.

When discipline is suddenly harsher than usual, document details that explain why

07/31/2017
When you set out to discipline a worker for breaking a rule, prepare a report that tells the whole story. That’s especially important if you need to justify why one employee received a harsher punishment than others who, in the past, may have committed similar offenses.

Clearly spell out performance expectations

07/31/2017
Make sure your managers and supervisors clearly and formally communicate their performance expectations. A performance review that criticizes alleged poor work based on expectations that weren’t clearly communicated can become the basis for a lawsuit.