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Terminations

Can we fire employees who collaborated on writing letter complaining about pay cuts?

05/22/2014
Q. We recently notified employees that we will be cutting pay due to difficult economic times. Then we received an anonymous letter expressing concerns about this decision. It suggested alternatives to pay cuts, such as eliminating our employer 401(k) match. We determined that the letter was written by one employee and edited by another. Can we terminate them?

Lying about criminal record? That’s grounds for firing–with no unemployment!

05/22/2014
While most Minnesota employers can no longer ask about an applicant’s criminal record until after the grant of a job interview offer (or, if there is no interview, a conditional employment offer), that doesn’t mean the applicant or new employee can lie about his criminal record later.

Justify RIF by citing business necessity

05/22/2014
Sometimes, it makes sense for a business to reduce costs. One way may be to cut personnel, especially employees who are highly compensated and whose work may be redundant. A danger, of course, is that the most highly paid may be older workers, and terminating them may prompt an age discrimination lawsuit.

Former superstars aren’t immune from scrutiny

05/19/2014
The best approach to dealing with declining performance is careful and meticulous record-keeping showing expectations and how the employee isn’t meeting them. Objective facts trump the employee’s feelings that she is being discriminated against for some reason.

A RIF of one?

05/12/2014
A manager for U.S. Seal Manu­fact­­urers probably envisioned a retirement ceremony and gold watch after working for the company for more than half a century. Instead, he was called to his supervisor’s office, given a severance package and escorted from the property by security guards.

Your best bet for preventing lawsuits: Prompt action, unimpeachable fairness

05/12/2014
Prompt, fair resolution of harassment complaints is the best way to prevent litigation—and defend yourself if a lawsuit happens anyway.

Outrageous behavior? Don’t fear fast discipline

05/12/2014
Some workplace behavior is so outrageous that employers must take immediate action. While a complete and thorough investigation is ideal, don’t be afraid to act fast when necessary.

What to do when a rock star leaves

05/08/2014

The hole left when an outstanding worker departs can seem big enough to swallow up the productivity of your whole department. It doesn’t have to be that way.

Survive most lawsuits by being able to cite solid, documented reasons for termination

05/07/2014

Courts like to see that ­employers pause before firing an employee accused of breaking a rule and then document their investigation carefully. Interviewing the employee should be routine in most disciplinary cases. Temporarily suspending an employee before making a final decision also shows the court that the process was fair.

Worker refuses to follow directions? OK to fire

05/01/2014
Employees don’t have the right to decide which directions they must follow. Unless there are clearly extenuating reasons (safety concerns, for example), you can and should discipline workers who refuse to cooperate.