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Terminations

Firing right after EEOC complaint? That’s an invitation to trouble

01/06/2015
If you happen to make the final termination decision immediately after an employee files an EEOC complaint, timing alone may be enough to send the case to trial.

No such thing as too many reasons to fire

01/05/2015

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

Discrimination: Title VII

01/04/2015

HR Law 101: Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers on the basis of race, color, religion, sex or national origin. An array of federal and state laws further refine the definition of discrimination …

Sex Discrimination

01/01/2015

HR Law 101: Sex discrimination and sexual harassment are illegal under Title VII of the Civil Rights Act. The law requires that employers treat male and female workers equally in all terms and conditions of employment …

Fire at Will Doctrine

01/01/2015

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time …

Insubordination is grounds for denying unemployment

12/24/2014
Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.

Being placed on performance improvement plan isn’t grounds to claim ‘constructive discharge’

12/24/2014
Courts don’t allow employees to use constructive discharge as an excuse to quit unless they can off substantial reasons why they felt they had no choice but to resign.

The requirements of California’s WARN Act

12/24/2014
What are the penalties for violating California WARN Act’s notice requirements? And are there any valid exceptions to them?

Providing References to Other Employers

12/19/2014

HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring …

Severance Pay

12/18/2014

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements …