Terminations

Can HR professionals be fired for insisting on legal compliance?

04/03/2013

Have you ever been frustrated that your CEO doesn’t seem to care about the FLSA, FMLA, ADA or any other of those magic compliance acronyms? What if the boss gets tired of your compliance complaints and sends you packing?

Older worker too slow? Firing isn’t age bias

04/01/2013

Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.

Get resignation in writing before accepting it

03/29/2013

When employees quit, always ask them for a written resignation.

You could personally pay for FMLA violations

03/29/2013

Some federal labor laws provide extra incentive for managers to understand how to administer them. The FMLA is one of those laws. It provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement.

Base firing on solid evidence of wrongdoing

03/25/2013

Solid, substantiated and legitimate reasons for firing someone almost always trump bias claims based on a few isolated slurs—even when the trash-talking comes from a supervisor.

Court refuses to help pro se litigant after EEOC, attorneys reject her case

03/25/2013

Here’s some good news for employers frustrated with former employees who file groundless discrimination lawsuits. Judges are increasingly unwilling to bend over backward to enable lawsuits that look like sure losers by assigning court-appointed attorneys.

When rude boss spouts off, expect little sympathy from juries

03/21/2013

A supervisor’s foul temper can alienate employees—and wind up costing an employer big bucks.

Whistle-blower isn’t doing her job? Feel free to discipline

03/15/2013

Here’s an important reminder when management gets nervous about terminating a so-called whistle-blower. Solid, legitimate reasons for discipline take precedence over protections to which whistle-blowers are entitled.

Clairvoyance not required to ID need for FMLA

03/15/2013

Under the FMLA regulations, if an employee is incapacitated, someone else can notify the employer, whose FMLA obligations are then triggered. But that doesn’t mean that a co-worker merely telling a supervisor that the employee is “sick” works as notification. Employers are entitled to better notice than that.

Little incidents can become harassment over time

03/12/2013

Respond ASAP with swift discipline the first time someone levels sexual or anti-female taunts at an employee. Otherwise, the problem will grow. You may not realize something is wrong until the victim quits and sues.