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Terminations

RIF that shows racial disparity spells trouble

08/14/2014
Sometimes, business conditions require companies to implement reductions in force. Before you put your HR seal of approval on who stays and who goes, be sure that hidden discrimination isn’t influencing the decisions.

Disability accommodation isn’t working? It’s OK to fire if employee can’t do the job

08/07/2014
Sometimes, a disabled employee simply cannot perform his or her job to the standards you legitimately expect. If you make reasonable accommodations and work with the employee to find a way for the employee to successfully perform the essential functions, you have done all you are required to do.

You lost me at ‘Hello’

08/04/2014
It may have been one of the worst layoff memos of all time. After beginning with a breezy “Hello there,” Microsoft honcho Stephen Elop’s July 17 all-staff email stumbled obliviously downhill.

What employee thresholds trigger need for notification of plant closings?

07/31/2014
Q. I am the owner of several industrial facilities, but recent financial crises have forced me to have to shut down two of these plants. These closings and subsequent layoffs will affect about 600 employees. Am I re­­quired to notify the employees before laying them off?

Don’t tolerate threats and angry behavior

07/31/2014
Sometimes, workplace relationships deteriorate beyond repair. That’s especially true if an employee resorts to angry outbursts or even threats. That’s when it’s time to act.

Outrageous employee behavior? Don’t fear quick-trigger discipline

07/30/2014

When faced with misbehaving employees, HR people are always counseled to avoid quick firings and hold tight to the three D’s—document, deliberate and decide. But some workplace behavior is so outrageous that employers must take immediate action.

OK to fire for Facebook complaint about work?

07/23/2014
Q. One of my employees recently made a post on Face­­book expressing his dissatisfaction with his job. In the post, he talked about being paid too little for the amount of work he performs, and that the whole office needs renovating, claiming, “rats don’t even want to work there.” Can I fire him for this, or at least discipline him?

Separation agreements: Use arbitration agreements instead of claims releases?

07/15/2014
Q. We have seen that some companies are requiring their employees to agree to arbitration rather than a release of claims in their separation agreements. Is this an alternative worth exploring?

Watch out! EEOC takes aim at separation agreements

07/15/2014
To stay out of the cross-hairs, review your separation agreements and revise any language that could be seen as too broad.

Back RIF decisions with sound fiscal reasons–and prepare to explain them in court

07/09/2014
If an employer can present a coherent and rational explanation for why economics—not retaliation—drove a RIF decision, chances are a court won’t second-guess it.