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Firing

Have the supervisor or manager who did the hiring be the one to handle the firing

03/06/2009

Here’s a simple way to prevent lawsuits when you have to fire a recently hired employee: Direct the person who hired the employee to also do the firing. If the employee belongs to a protected class, courts will conclude that the termination wasn’t discriminatory. Otherwise, why would the employee have been hired in the first place?

Handling Unemployment Claims the Legal Way

03/04/2009
Under the Federal Unemployment Tax Act (FUTA) and state laws, employers are obligated to pay payroll taxes to provide unemployment compensation to employees who lose their jobs. FUTA sets the federal tax rate, while the state tax rate varies by state. By understanding how the system works, you may be able to cut your state […]

Don’t be fooled: ‘Quit or be fired’ won’t stop employee from filing lawsuit

03/03/2009

Some companies mistakenly believe that offering an employee the option of quitting or being fired can save them from a later lawsuit. That isn’t always the case even if the employee decides to resign. In fact, an employee who quits to avoid being fired may have been “constructively discharged” and can still sue …

Courts grow impatient with employees’ frivolous cases

03/03/2009

As the economy slumps, expect more lawsuits from employees who lose their jobs. Many won’t find lawyers because their cases are flimsy. They may then file the lawsuit themselves. Fortunately, courts are beginning to lose patience with such cases …

U.S. Supreme Court rules: Prepare for more retaliation claims

03/03/2009

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Challenging more unemployment claims? You’re not alone

02/26/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts.

Know what constitutes insubordination

02/26/2009

Employees who oppose their employer’s illegal or discriminatory conduct are protected from retaliation. But that doesn’t mean such employees have the right to be insubordinate, rude and nasty. There’s a fine line between voicing opposition to a practice and challenging superiors in an insolent way.

Harassment alert! Negligent hiring/supervision law applies

02/26/2009

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

Beware firing after worker warns about safety

02/24/2009

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Require everyone to report harassment—you’ll be justified firing those who don’t

02/24/2009

If you’re serious about wiping out sexual and other forms of harassment in your workplace, consider adopting a zero-tolerance policy for failing to report suspected or known harassment. By readily disciplining those who ignore that rule, you can create a new climate in which employees really believe you take harassment seriously.