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Terminations

Worker fired for gross misconduct? No COBRA

10/24/2012
You can’t terminate em­­ployees just because they (or their sick dependents) increase the company’s health insurance costs. That violates ERISA. But remember, if you fire an employee for an unrelated incident of gross misconduct, the employee has no right to an ERISA claim, nor any right to buy COBRA continuing health insurance after he or she departs.

Focus on ability to perform duties if you worry worker may have mental or emotional problems

10/22/2012

What should you do if one of your employees seems to be having difficulty coping well at work? Start by not jumping to conclusions about his mental health. Instead, focus on behavior and document any apparent problems. Then, based on that observation, consider asking for a fitness-for-duty examination.

Supervisor deserves termination? Fire away–even if he’s a member of a protected class

10/22/2012
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.

Beware ADA lawsuit when firing worker who had previous workers’ comp claim

10/18/2012

If you know an employee has previously been injured at work and collected a workers’ compensation settlement, you may consider transferring him for fear he’ll hurt himself again. Resist that temptation. Taking any kind of adverse em­­ployment action could be construed as discrimination based on disability or perceived disability.

When disagreement turns to cursing and threats, feel free to terminate for insubordination

10/18/2012

Plenty of employees have chips on their shoulders. Some are hypersensitive to perceived slights and constructive criticism. Others get angry over minor problems. Acting out has long been regarded as insubordination and grounds for discipline, including termination.

Aggressive employee terrifies co-workers? Now that’s failing to meet expectations!

10/18/2012
You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.

No unemployment benefits if employee quit before you had a chance to fix problems

10/12/2012
In Minnesota, employees can sometimes qualify for unemployment compensation if they quit because they had to endure tough working conditions. But that’s only true if they let their employer know about workplace problems and the employer doesn’t respond. Simply walking off the job in anger doesn’t cut it.

Feel free to fire! There’s no reason you have to tolerate threatening behavior

10/12/2012
Have you had it with an em­­ployee who can’t seem to get along with others and who constantly tries to intimidate co-workers? If warnings don’t help, fire him.

Common beef, even vulgarity, won’t rule out unemployment

10/09/2012
Employees who get into arguments may be violating workplace rules. But that doesn’t mean that firing them cuts off possible unemployment compensation benefits.

Haven’t been enforcing call-in policy? Start now

10/09/2012
If you haven’t been enforcing your rule requiring absent employees to call in every day, start now. Just make sure employees know you plan to enforce it going forward.