Terminations

Less liability if you knew of disability on hiring

09/16/2013

Some employers worry that hiring a disabled employee increases the chances they will be sued for disability discrimination. Don’t worry needlessly. The fact that you knew the employee was disabled actually helps later if he sues for discrimination.

Independent investigation key to clean terminations

09/10/2013

Before you terminate an employee for breaking a company rule, be sure that you have someone else look at the situation. Never rely strictly on the supervisor’s view of events.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013

Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

No individual liability under federal, NY layoff notice laws

09/06/2013

Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Notification Act (WARN) and the New York State version of the law, there is no individual liability for violations.

The clock is ticking: Note exact date employee learned of termination decision

09/06/2013

Former employees have deadlines for filing complaints over their termination or other employment discrimination claims. In most cases, they have to act within 300 days. Missing the deadline means they forever lose the right to sue.

Cursing car salesman can’t get unemployment benefits

09/03/2013

A car salesman fired after he cursed and threatened a customer has been denied unemployment benefits.

OK to broach retirement option before layoff

08/26/2013

Merely informing an older worker that he or she may be eligible for retirement benefits while discussing a layoff isn’t evidence of age discrimination.

Must we pay severance to employee who turned down telecommuting offer?

08/22/2013

Q. We plan to lay off some of our employees and offer jobs to others in our facility in another state. We are also giving a select few of our employees the option to work from home. One of the employees to whom we gave this telecommuting option has declined it and requested severance instead. Are we obligated to pay him severance?

Managing termination pay: Beware trouble ahead

08/21/2013

What goes into a final paycheck, and when that check must be given to a terminating employee, is strictly a state issue. Here are the final-pay rules.

Can we fire admitted drug user, or should we offer time off for treatment?

08/20/2013

Q. We have an employee who has been performing poorly and who has shown up for work appearing to be intoxicated. In a discussion with a manager, the employee admitted that he was currently using cocaine and it was affecting his personal and work life. We haven’t done a drug test on the employee, given his admission of drug use. We want to fire the employee, but we aren’t sure if the FMLA or any other law requires us to give him time off to undergo treatment?