Terminations

How to handle recently uncovered work problems

11/23/2015

Sometimes, it looks like an employee has been performing just fine—until someone discovers that her work was really subpar all along. Before you discipline or fire the worker, document what you discovered (and when) so you can explain away prior good performance reviews.

Dishonesty at any level? You can fire

11/13/2015

Employees terminated for dishonesty aren’t entitled to unemployment compensation benefits. And being dishonest can involve breaking company rules to gain an advantage even if there’s no direct theft involved. Just be sure that before you terminate the worker for breaking the rule, you document the incident and can explain why you believe she acted dishonestly.

Don’t tolerate threats–even from disabled

11/03/2015

While some disabilities may make it more difficult for workers to control their temper or otherwise respond to nonverbal cues, that doesn’t mean those workers are excused from complying with behavioral rules. You can and should punish anyone who makes workplace threats regardless of disability status.

Firing? Never blast the departing employee

10/28/2015

When announcing a termination, make sure no one says anything that’s potentially defamatory. Keep the announcement professional and don’t make gratuitous comments, no matter the reason. Tell only those who need to know why the firing happened.

Be prepared to comply with Minnesota’s requirement to explain involuntary termination

10/28/2015

Minnesota employers have to walk through a minefield in order to terminate someone. Consider, for example, what might happen if the newly discharged employee asks for a written explanation of her termination. Offer one that’s less than honest, and you may be violating Minnesota’s Section 181.933.

The Cat’s Paw Theory of discriminatory firing

10/20/2015

Under what’s called the Cat’s Paw Theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.

No call is willful misconduct, means no unemployment

09/30/2015

When an employee is fired for failing to follow call-off procedures when sick, he may lose unemployment benefits. That’s because violating the rules constitutes willful misconduct.

What to do when an employee quits without notice

09/23/2015

Though you can’t control the actions of the employee or force him to stay in a job, you can mitigate the aftermath with a few smart steps.

Age bias: 6 parts of a legal severance waiver

09/08/2015

Severance packages must conform to the Age Discrimination in Employment Act and its companion law, the Older Workers Benefit Protection Act. Together, the two laws dictate how you can legally ask employees to waive their rights to sue. When asking employees to waive their rights to age discrimination lawsuits, the waiver must fulfill the following conditions.

Believe employee lied? That’s grounds for firing

09/05/2015

You have the right to expect honesty from your employees. You can fire if you reasonably believe an employee lied about an absence, knowing that you are on safe legal ground if the employee sues.