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Terminations

Angry employee says ‘I quit!’ Accept his resignation

04/12/2012
Sometimes, employees get angry and say things they later regret. Recently, an employer accepted an angry resignation and avoided unemployment compensation liability.

No explanation of illness? Then no unemployment

04/12/2012

In Minnesota, employees who suffer from a serious illness can still collect unemployment compensation if they ask their employers for an accommodation. If none is available, then the employee can collect benefits if he can’t work. But employees must tell their em­­ployers about their medical condition.

USERRA doesn’t require veteran’s preference

04/12/2012
USERRA is not a veteran’s preference law. It merely guarantees that service members can return to work no better or worse off than if they never left.

No job protection for urging criminal report

04/11/2012
In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.

Employee performance not up to snuff? You must communicate your concerns

04/09/2012
Employers have an obligation to make sure employees know what kind of performance is expected of them. Under no circumstances should you wait until you’re ready to discharge the employee to put criticism in writing. That creates the suspicion that you came up with reasons as a cover for illegal discrimination.

Selling the company: When must we tell employees?

04/09/2012
Q. We are selling our small business (15 employees). The company buying us won’t be hiring our staff. How many days’ notice is required to notify our employees? Will our employees qualify for unemployment benefits?

Health insurer CEO axed over affair, arrest

04/05/2012
Highmark Blue Shield has terminated its CEO in the wake of criminal charges that he attacked the husband of a former employee with whom he was having an affair.

Detailed disciplinary records show you’re not biased

04/02/2012
Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.

Don’t let insubordinate employee hide behind dubious ‘That’s illegal!’ claim

03/30/2012
Employers can’t fire employees for refusing to engage in criminal acts. But that doesn’t mean em­­ployees can proclaim “That’s illegal!” and expect to get away with what is really insubordination.

Employee out of FMLA leave and unable to do the job? It’s time to consider termination

03/30/2012

You probably know that when a disabled employee has used up all his FMLA leave entitlement, he may still be entitled to reasonable accommodations under the ADA. It’s legitimate to offer additional leave as a reasonable accommodation. However, at some point, time off can be a burden for employers, especially when the employee can’t estimate when he will be ready to return. In that case, it may be time to terminate the employee.