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Terminations

Justify every firing with real business reasons

08/13/2013
Support any adverse job action, such as a demotion or termination, with solid business reasons. Clearly and contemporaneously document your decision to act. That way, you can come to court prepared to explain exactly why you did what you did and when you did it.

Simple way to foil bias lawsuits: Have the manager who did hiring also do the firing

08/09/2013
Terminations are one of the main flash points for employee lawsuits. Here’s one way to reduce your risk: Set up your system so that the same supervisor who makes a hiring decision on an employee also makes the final termination decision.

It’s always OK to fire for insubordination

08/07/2013
Some employees just aren’t team players. In some jobs, that doesn’t really matter. But in others, it does—and employers have the right to expect employees to get along with others, including their supervisors. If they can’t or won’t, it’s perfectly legal to terminate for insubordination.

Use documentation to show insubordination

08/01/2013

Some employees will never be happy and seem to do everything possible to interfere with a normal, well-functioning workplace. When that’s the case, don’t hesi­­tate to terminate the disruptive worker. Just make sure you document her shortcomings.

Discuss firing only with those who need to know

07/30/2013
As a general rule, you should only discuss a worker’s termination with those who really need to know about it. That’s especially true in sensitive cases involving alleged fraud, theft or falsifications. You don’t want to lose a defamation case because a manager decided to make an example of a fired employee.

Indefinite leave isn’t a reasonable accommodation

07/30/2013
Sometimes, ­­employers must grant more time off to disabled em­­ployees if their FMLA and other leave has expired. But they don’t have to if doctors can’t estimate a return-to-work date.

Discovered shoddy work during FMLA leave? You’re within your rights to terminate

07/30/2013
Once in a while, it takes an em­­ployee’s long-term absence to discover that she hasn’t been doing her job very well. Remember, the FMLA doesn’t provide protection from discipline that the employee would have earned had she not taken leave.

ADA: Sometimes, no accommodation will work

07/30/2013
Some disabled applicants or employees will never be able to perform their jobs. However, you can only reach that conclusion after both sides engage in the interactive accommodations process. If no accommodation will let the person perform the job’s essential functions, you can terminate an employee or reject an applicant.

Document every discharge just in case there’s a lawsuit

07/26/2013

You might assume that someone won’t sue if they’ve been accused of sexual harassment by several employees and cited for poor performance. You could be wrong. That’s why you should document every discharge decision as if you expect a lawsuit.

Protected activity doesn’t excuse insubordination

07/26/2013
Some workers believe they are golden as soon as they complain about supposedly illegal employer actions. You can and should punish any be­havior you would have punished if the employee had never complained. That includes terminating an em­­ployee for post-complaint insubordination.