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Terminations

Should we terminate an admitted drug user?

07/09/2015
Q. Following a recent accident on our loading dock, an employee admitted he used marijuana before his shift. Afterward, the employee and the ­others involved were required to submit to a for-cause drug test pursuant to our drug testing policy. The employee who admitted being high failed the drug test. However, there was an irregularity with our testing vendor, and it was not able to complete the confirmatory re-test of the employee’s specimen. Can we terminate the employee who admitted to working under the influence of marijuana?

Failure to call off is employment misconduct

07/09/2015
Employees who don’t call off work as company rules require may be guilty of misconduct. That means they lose the right to unemployment compensation if they are fired.

Discipline and discharge: 5 do’s and don’ts

07/06/2015
We live in an era when employees have more power than ever—which has made it more legally tricky to come down on them when you need to send a message.

Court upholds firing in medical marijuana case

06/15/2015
In a case with important implications for employers in states where medical and recreational use of marijuana is legal, the Colorado Supreme Court has ruled that an employee who was fired after testing positive for cannabis does not have to be rehired.

Document details to differentiate discipline

06/09/2015

You probably have specific rules that spell out discipline for common violations. That doesn’t mean you can’t tailor the punishment to each individual situation. The key is to document the details that justify why one employee who broke a rule was punished more harshly than someone else who broke the same rule.

Another reason to keep good records: Proving when you made decision to terminate

05/29/2015

Could you explain to a court exactly when you decided to fire an employee? If not, you need a system for tracking your decision-making process. That can be invaluable, as this case shows.

Spontaneous wage protest: Can we fire the agitator who stirred up his co-workers?

05/25/2015
Q. We are a nonunion company with a call center employee who has been stirring things up. Recently, he and a large group of first-shift employees stayed in the parking lot instead of coming back from lunch on time. A few of them held up signs saying, “Fair Wages Now!” We’d like to fire the bad apple. Are we taking any big risks if we do?

Provide full info to termination consultants

05/07/2015
Outside consultants who specialize in the tricky business of terminations can help small employers when it’s time to let go of an individual employee or implement a larger layoff. But before you act on outside advice, do make sure you provide all the relevant information to the consultant.

Can you fire employee for threatening suicide?

05/05/2015
What should you do if you learn one of your employees brandished a gun and threatened suicide, but a doctor released him back to work? Shouldn’t you be concerned about safety? Let’s examine a recent case.

Use last-chance agreement so you and your employee can push reset button at work

04/29/2015
In cases where you may be concerned about a lawsuit over firing an employee, consider instead a last-change agreement. Think of it as hitting the reset button. Both the employer and the employee have one last chance to save the relationship.