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Terminations

Equal opportunity for women trumps even outrageous reaction to resignation

12/19/2011
A boss’s secret preju­dice won’t support an employee’s sex-bias lawsuit if the employer provides equal opportunities to both men and women. That’s true even if the sexist boss reacts outrageously when the subordinate quits.

Simply failing to find work doesn’t prove defamation

12/16/2011
When employees are fired, they may have a hard time getting another job. Sometimes, they suspect their former employer is providing a bad reference. And often, a defamation lawsuit will follow.

Budget cuts forcing layoffs or reorganization? Take care to spell out justification

12/16/2011
If you must eliminate jobs, make sure you create a clear paper trail explaining why and how you made the decision to terminate a particular individual. That’s especially important if the employee had discrimination charges pending—or a history of filing them.

SoCal hotel steps up after firing autistic employee

12/16/2011
The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.

How should we handle difficult firing meeting?

12/14/2011
Q. We recently decided to terminate an employee based on performance concerns. The employee is in sales and is required to cold call a certain number of individuals each day. In reviewing the daily call logs, the employee’s manager discovered that she has been calling the same disconnected number over and over again … To top it off, she sent an email telling other employees they could do the same. In preparing for the termination meeting, I’m wondering what we should say?

Freeborn County worker blames firing on retribution, bias

12/14/2011
Did frank feedback about a boss’s shortcomings lead to a government worker’s firing? That’s what Rose Olmsted claims in a lawsuit she filed against the Freeborn County Com­­missioners and the county’s director of human services.

Use contract to compel return of documents

12/14/2011
Minnesota law doesn’t give employers a clear right to demand the return of copied documents when an employee leaves. It’s one reason that you may want an employment contract, noncompete agreement and confidentiality guarantee all wrapped up into one for employees who work with sensitive information.

Beware perils of interfering with intermittent FMLA leave

12/13/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

The easy way to stop most bias lawsuits: Enforce all rules evenhandedly

12/13/2011
It’s impossible to know if a termination will lead a former employee to sue for discrimination. That’s why it’s crucial to enforce all your rules equitably. You don’t want an employee to be able to say that someone else broke the same rule without receiving harsh punishment.

Carefully track angry employee’s complaints

12/12/2011
Do you have one of those em­­ployees who are never happy and always seem to find something to complain about? It may be tempting to ignore the constant complaining or chalk it all up to personality conflicts, but that would probably be a mistake. Carefully document the tension and your response.