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Terminations

3 lawsuit-proof alternatives to layoffs

03/19/2020
With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Have manager who hired also do the firing

03/05/2020
Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.

States out front: Is mandatory severance next?

02/13/2020
New Jersey has enacted a law requiring severance pay for employees who lose their jobs in so-called mass layoffs. It’s the latest in a series of workers’ rights initiatives bubbling up from state legislatures instead of the federal government.

Worker leaving? Think before you make counteroffer

01/22/2020
Neither lashing out at the employee nor panicking over having to fill an empty slot will help. Instead, start with some hardnosed considerations.

Court refused to extend filing deadline

01/08/2020
Courts often give leeway to employees who try to represent themselves. However, except in unusual circumstances, that rarely extends to providing additional time to sue.

Note exact date and time of firing decision

12/10/2019
If the employee brings up some form of discrimination to establish that she engaged in “protected activity” and claims the discharge was retaliation for her complaint, you can show that’s not possible because you made the decision before she complained.

Snapshot: Emotions triggered by terminations

12/03/2019
According to a recent poll, 61% of people who had been fired believed their terminations were unjustified.

Mere threat of discipline is no reason to quit

11/30/2019
Employees who quit can still sue their employers just as if they had been fired for an unlawful reason—under very limited circumstances.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019
If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Don’t delay: Act on termination decision ASAP

11/25/2019
When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.