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Terminations

Employee wouldn’t dance to Bojangle’s manager’s tune

10/02/2012
A Greensboro-area Bojangle’s restaurant has agreed to pay $33,426 to a former female employee after she was harassed, retaliated against and fired for refusing her manager’s advances.

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Employee late in submitting his FMLA certification? Don’t just fire! Find out why

09/27/2012

When employees take FMLA leave, you can require they obtain written certification from a doctor to confirm the underlying serious health condition. FMLA rules say you must give the employee “at least 15 calendar days to obtain the medical certification.” But take note: It’s not smart to terminate an employee simply because you didn’t receive the paperwork on time.

Is ‘he who hired also fired’ a good defense against discrimination charges?

09/26/2012
Q. If an employee claims he was discriminated against by the same supervisor who hired and fired him, does the employer have a defense to the discrimination claim?

ALL CAPS EMAIL? That’s no credible threat

09/26/2012
How belligerent does an email have to be to warrant firing the sender for willful misconduct and threatening a co-worker? A court has concluded that typing in all capital letters doesn’t necessarily convert a nasty but neutral phrase into a threat.

Reasonable accommodation? Not employee’s call

09/26/2012

Some disabled employees think the ADA allows them to demand a particular accommodation and turn down their employer’s suggestions. That’s not true. Employees don’t have to like the accommodations you propose …

Document solid reasons for firing complainer

09/26/2012
Employees who complain can be annoying, especially if you believe their gripes don’t have merit. But firing such an employee can be dangerous because complaining about discrimination or other legal issues is protected activity that can’t be punished.

Making economic argument for staff cuts? Better make sure the math adds up

09/21/2012
Here’s something for small business owners to consider when purporting to terminate an employee for financial reasons. If the owner spends lavishly elsewhere, that may be evidence that money was just an excuse for a discriminatory termination.

Court: Reporting student’s threat is protected speech

09/20/2012
A teacher who was fired after filing a police complaint against a student who threatened him at school has won the right to a jury trial.

Track poor behavior even after improvement

09/17/2012

Some employees will permanently per­­form and behave better if they believe their jobs are at stake. But for others, the improvement is only temporary. That’s why it is important to track performance and behavior over time.