• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

When manager slides from difficult to impossible, good documentation supports reason for firing

11/09/2010
There comes a time when you might be forced to conclude that the problem with a department isn’t all those lousy employees, but the person who manages them. If that’s the case, it may be time to terminate the manager.

Promptly fixed problem can’t be grounds for legal action

11/08/2010

Managing a workplace isn’t easy and not every assignment or schedule is completely fair. Employees who complain about something that might otherwise be considered an adverse employment action can’t sue if their employer fixes the problem right away.

Wife’s pregnancy complications warrant granting FMLA leave

11/08/2010
Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Sometimes discrimination claims can bypass the EEOC

11/08/2010
Suppose an employee claims her organization illegally discriminated against someone on the basis of disability—and then the employee is fired. If the employee planned on suing, surely the employer would find out well in advance, because first the employee would have complained to the EEOC, right? Not necessarily.

Establish zero-tolerance policy on violence and threats–but don’t count on backup from courts

11/08/2010

The almost universal employer response to increased workplace violence has been the implementation of so-called zero-tolerance policies. The problem with zero-tolerance rules is that they only work if they’re uniformly enforced. Employers can’t pick and choose which employee’s behavior violates the policy. To do so invites legal trouble, as the following case shows.

Keep good records–they’re the key to winning lawsuits

11/08/2010
Remind supervisors: They can’t be careless about documenting poor performance, tardiness and other indications that an employee isn’t performing as well as expected. Good records provide the basis for valid discipline.

Court shows no patience for litigious ex-employee

11/05/2010
It happens quite often: An employee you fired for rock-solid reasons sues … and sues … and sues some more. Once a former employee gets lawsuit-happy, there’s no telling how far the litigation process will go. But now there’s good news. State and federal courts are tossing out such cases almost as fast as they come in the door. Appeals courts, too.

Employment law 101: Beware firing immediately after employee returns from FMLA leave

11/05/2010
If you terminate an employee the day he comes back from FMLA leave, plan on getting sued. Timing alone can be enough for the court to let a jury decide the case. That’s true even if your past practices in similar cases don’t show any pattern of FMLA interference.

New hire a dud? Have hiring manager fire

11/05/2010
Here’s a practice you should make standard operating procedure: Have the same manager who makes hiring decisions also make the firing decisions. Doing so will cut the chances of a successful discrimination lawsuit.

New employee a dud? Give the early hook without heading to court

11/02/2010

Sometimes it’s obvious from the get-go that a new hire just isn’t working out. You must dismiss him, the sooner the better. When the employee is a member of a protected class, who does the firing can make all the difference between a clean break and a messy discrimination lawsuit.