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Firing

Dealing with a fired employee who signed an arbitration agreement

06/03/2008
Q. All of our applicants sign an arbitration agreement. Recently, for the first time, an employee we fired (he had signed the agreement) had a lawyer send us a letter complaining about his termination. Can we use the agreement to prevent the employee from filing a claim for unemployment benefits or a charge of discrimination? …

The 6 Kinds of Terminations … And 6 Corresponding Ways to Avoid Being Sued

06/03/2008

Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …

Be sure to coordinate with FMLA administrator before firing

05/30/2008
If you outsource to another company to administer your FMLA process, work closely with it to ensure you aren’t firing an employee who has been approved for FMLA leave. Instead, make it standard practice to double-check FMLA status before taking any employment action …

‘Just the facts’ answer is key to avoiding reference trouble

05/30/2008
One of the quickest ways to get into reference trouble is to agree to provide information on a former employee and then offer up incorrect or misleading statements. Giving a favorable reference on a former employee who performed (or behaved) poorly can be extremely risky …

New worry serves as reminder to document discipline

05/28/2008
Publicly traded companies have a new worry: Employees can use the whistle-blowing provisions of the Sarbanes-Oxley Act (SOX) as another way to get back at employers when they are disciplined or fired. SOX makes it illegal to discipline an employee who complains that the company may be violating the Securities Exchange Act.

Public employee free speech: Only statements of ‘Public concern’ protected

05/28/2008
The U.S. Constitution’s First Amendment protects public employees from being fired for engaging in some forms of free speech—but that protection is quite limited. For example, the right to free speech doesn’t mean that public employers can’t sack employees who maintain explicit or offensive web pages …

An introduction to North Carolina Employment Security Law

05/28/2008
 The North Carolina Employment Security Law provides unemployment compensation benefits for some employees who lose their jobs. To qualify, unemployed workers must have registered for work and periodically report to an unemployment office. Occasionally eligibility disputes find their way into court …

What does N.C.’s civil rights act provide?

05/28/2008
Q. Does North Carolina have a state civil rights act that applies to private employers? …

Objective evaluations get lawsuits dismissed

05/27/2008
The quality of your performance evaluation process—whether it is objective or subjective—can determine how a discrimination lawsuit turns out. Handle evaluations improperly, and a case can linger for months. Do it the right way, and the case may be dismissed immediately …

Township of Monroe will stand trial for racial discrimination

05/27/2008
A jury will decide whether a black senior employee of the Township of Monroe in Gloucester County lost his job because of racial bias. Elvis Gooden was appointed the town’s chief financial officer and director of finance in 2001 …