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Terminations

Reconsider if complaint that led to firing is recanted

07/24/2012
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

Weigh employee’s good-faith intentions before contesting unemployment benefits

07/24/2012

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Can we lay off a department and require reapplication?

07/24/2012

Q. I recently read about an employer laying off an entire division and then making those employees reapply for newly reconfigured jobs in that division. This sounds like a good way to get rid of deadweight and lower our payroll. Are there any legal problems with this? Will those who don’t reapply still be eligible for unemployment compensation?

Mandatory firings lead to $380K ADA settlement

07/18/2012
Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations.

Too much time online can be misconduct

07/18/2012
If you limit personal use of electronics and fire an employee for violating that rule, he can’t get unemployment benefits. Excess online time is misconduct under those circumstances.

Fire away if worker abuses intermittent leave

07/18/2012
If you suspect intermittent FMLA leave abuse, take action. You can check up on the employee or ask her what she is doing on the days she designates as intermittent leave. If she’s not using the time as required, you can discipline her.

Minnesota Senate braces for Brodkorb’s sex bias lawsuit

07/13/2012
Michael Brodkorb, the once-powerful Minnesota Senate staffer fired following allegations he had a sexual affair with former Senate Majority Leader Amy Koch, has filed a sex discrimination complaint with the EEOC. So far, the state Senate has racked up $46,000 in legal bills contesting Brodkorb’s suit.

Unemployment may depend on seeking accommodations

07/13/2012
Minnesota employees can still collect unemployment benefits if they quit their jobs because of medical problems. However, before resigning and applying for benefits, they must ask for accommodations.

Shoddy work may cost unemployment benefits

07/13/2012
Are you frustrated with an employee who seems to never get the job done right? Before you terminate her, give her plenty of opportunity to improve. Show her what she is supposed to do and document when she doesn’t.