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Terminations

Beware giving contradictory reasons for a layoff

11/01/2006

When explaining to employees the reasons for a layoff, make sure you don’t contradict yourself. That’s especially true when the same manager gives an employee different reasons: A jury can take those contradictions and infer discrimination …

Layoff choices: Focus on performance, not just salary level

11/01/2006

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That’s a recipe for an Age Discrimination in Employment Act lawsuit …

RIF justifications need only be ‘Reasonable’ to stand up

11/01/2006

If your organization plans a reduction in force, you can rest assured that you don’t have to prove that your method for selecting employees is the absolute best way to achieve your business goals …

Texas Supreme Court eases limits on noncompete pacts

11/01/2006

If you’ve shied away from using noncompete clauses with employees in the past due to the unpredictability of their legality in Texas, it’s time to rethink that strategy. Reason: The Texas Supreme Court last month reversed its 12-year-old precedent on compete contracts for at-will employees, and the news is good for Texas employers …

Rethink noncompete contracts after big Supreme Court ruling

11/01/2006

A significant Texas Supreme Court decision handed down last month makes it easier for employers to write and enforce noncompete agreements in Texas. The ruling, ASM v. Johnson and Strunk & Associates, provides important protection for businesses that want to use noncompete agreements to limit unfair competition from former employees …

Firing reasons: Make sure all statements are consistent

10/01/2006

Nothing will sink a legal defense faster than inconsistent explanations from management about the real reasons for employment decisions. Before anyone makes any statements about a decision, review the facts and make sure everyone is on the same page …

Must you rehire a disabled former employee?

10/01/2006

Q. One of our employees went on disability after a motorcycle accident. We terminated him at his request, as he wanted to cash out his 401(k). His doctor recently released him from disability, and he’s seeking re-employment for a different position. Our owner is concerned that if he doesn’t offer the ex-employee a job, we may face legal retribution. And he’s concerned that if we do bring him back, we’ll end up with a workers’ comp claim from a slip/fall injury. Do we have any obligation to rehire this employee? —B.O., Pennsylvania

‘Suspicion’ not enough to win discrimination suit

10/01/2006

Employees need more than a hunch that their employer discriminates based on age. They need some kind of proof …

Insubordination policy trumps progressive discipline

10/01/2006

Many employers who have progressive discipline and no-fault attendance programs believe they must stick to progressive discipline for every attendance infraction. But that’s not so …

Hostile work environment depends on nature of job

10/01/2006

Some jobs are more difficult than others, and employees who choose to work in tough fields may have to develop a thicker skin. When it comes to deciding whether a work site fosters a "hostile work environment," courts typically decide whether harassment is objectively abusive based on the circumstances of the worker’s job …