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Terminations

Firing because you suspect thievery: Better be prepared to prove it

05/09/2013
Employees who steal from their employers violate their duty of loyalty. That makes them ineligible for unemployment compensation. That’s true even if the theft is small. But you must be prepared with clear testimony if you want to contest the worker’s right to unemployment benefits.

2 workers broke same rule? Explain different punishments

05/07/2013
Sometimes, two employees who break the same rule don’t deserve exactly the same punishment. But employers must make sure they can explain the difference.

Injured worker? Contest unemployment if worker quits before giving you a chance to help

05/06/2013
Here’s some good news: As long as you are willing to accommodate an employee’s medical condition, you won’t face liability for unemployment compensation if she quits. And the employee has to tell you she needs that accommodation. If she just quits, she won’t be eligible.

Off-limits to bosses: Talk of child-rearing

05/06/2013
Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.

Disabled employee always calling in sick?

05/01/2013
Disabled employees may be en­­titled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.

Employee out for one day probably ineligible for FMLA

04/30/2013
It’s OK to fire someone whose medical problems clearly don’t qualify as a serious health condition under the FMLA.

OK to punish repeat offenders more harshly

04/30/2013
A cardinal HR rule: Everyone who breaks the same rule should receive the same punishment. That doesn’t mean a frequent rule-breaker can’t be punished more harshly.

FMLA leave inconvenient? Too bad! That’s no excuse for termination

04/30/2013
It can be frustrating to deal with an employee who has constant attendance problems. But if that employee has a serious health condition entitling him to FMLA leave, there’s really nothing you can do, no matter how inconvenient and disruptive his absences are.

You don’t always have to be right–just honest

04/30/2013
Many HR professionals spend time agonizing over whether to fire someone they believe broke a rule warranting discharge. Could they have been wrong about the facts? Relax. There’s no need to second-guess yourself endlessly. Instead, conduct a prompt and thorough investigation and make a decision.

Assess ADA disability against average ability

04/25/2013
The ADA doesn’t cover everyone who has any kind of medical problem. Even something like complete deafness in one ear may not be enough to make an employee disabled.