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Terminations

Willful misconduct bars unemployment

02/17/2017
An important reminder: Willful misconduct can bar a former employee from receiving unemployment benefits.

Lie on application? No unemployment benefits

02/17/2017
Employees caught lying on their employment applications about their educational level may not be entitled to unemployment compensation benefits.

3rd Circuit on RIFs: ADEA lets subgroups of older workers bring class-actions

02/01/2017
The 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.

Be sure you can document why you fired ‘good’ worker

01/23/2017
Think twice before terminating a worker who has earned consistently good performance reviews.

Keep detailed records that document employee’s poor work

01/23/2017
State unemployment officials and courts are much more likely to be persuaded by a detailed record than the worker’s mere assertion that she was doing her job just fine.

Keep good records to justify every termination

01/11/2017
It is crucial to plan as if every termination will be challenged.

Needlessly cruel firing? Prepare for lawsuit

12/20/2016
You’re almost guaranteeing a lawsuit if you make the termination experience unnecessarily unpleasant.

Avoid 5 mistakes when terminating

12/18/2016
Many legal claims are born solely out of employees’ anger, not a solid legal case. One wrong move, especially during the firing process, can leave employees feeling hurt or humiliated—and running for the courthouse. Here are five common blunders to avoid when terminating an employee.

PennDOT case shows perils of negotiating discipline

12/06/2016
A former roadway programs coordinator with the Pennsylvania Department of Transportation has appealed his firing to the state Supreme Court in hopes of being reinstated.

Evidence unearthed during trial can cut liability

12/06/2016
If, during litigation, you discover a new reason for termination, you may lessen your liability.