Terminations

Categorize reasons why you impose employee discipline

05/01/2012

You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.

Appeals court: Attorney fines OK to stop frivolous lawsuits

04/27/2012

Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.

Reduction in force? Make sure severance packages are equitable for similar employees

04/27/2012

Here’s something to keep in mind if you’re contemplating a reduction in force: If you plan to offer severance packages in exchange for a liability release, make sure you aren’t too selective about who gets the best deals.

Document every termination as if it will be challenged in court

04/25/2012

Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.

Calmly accept need for intermittent FMLA leave

04/24/2012

Intermittent FMLA leave can be a pain, especially in industries where attendance is crucial. That’s particularly true in nursing and related fields. But employees who are otherwise eligible for intermittent FMLA leave can’t be denied that right merely because it’s inconvenient for employers …

Don’t push for exam if employee can do job

04/24/2012

Never automatically assume an employee who is performing well is disabled—even if you observe what you think are signs of a disability. It could mean losing big if the employee sues.

Pay on termination: Pay it right the first time … or else

04/20/2012

Clean breaks are always the best. You don’t want any pay problems lingering after an employee terminates. What you must pay a terminating employee, in addition to any final wages, is determined under state law. And mistakes can be expensive. Two recent cases illustrate.

Firing injured employee? Have legit business reason

04/19/2012

Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.

Stop harassment suits before they start! Follow up with employees after every complaint

04/19/2012

One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.

Beat bias lawsuits with cold, hard facts

04/16/2012

Employers that are prepared to offer cold, hard facts to defend their decisions—even those that may look suspicious at first glance—rarely lose lawsuits. The more objective the business reasons you have for personnel decisions, the better off you are.