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Firing

No need to announce reasons for firing

04/01/2006

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference? —A.L., Arkansas

Prevent employee anger before it starts: 5 tips

04/01/2006

One wrong move (especially during the firing process) can send employees running for courthouse. Teach supervisors to avoid unnecessarily angering employees by pointing out the following common mistakes …

Know the Legal Boundaries of Employee Lie-Detector Testing

03/01/2006

In most cases, requiring private-sector employees to take polygraph tests will create more harm than good. That’s because the Employee Polygraph Protection Act makes it illegal to "require, request, suggest or cause an employee or prospective employee to take or submit to any lie-detector test," except in limited circumstances …

Don’t guess about a worker’s condition; test and inquire

02/01/2006

If you treat employees as if they’re disabled, they’ll garner ADA protections even if they’re healthy as horses. Wait for skills testing and medical results to determine an employee’s condition; don’t make snap judgments …

State law decides if workers can see personnel file

02/01/2006

Q. Are we required to let terminated employees come in and view their actual personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file. —T.M. California

Female worker replaced by a female may still pursue sex bias case

01/01/2006

You may think that your organization is immune from a sex discrimination lawsuit if you hire a female employee to replace a fired female. But such "free passes" don’t automatically exist … and your supervisors should know it …

Two doctor visits during incapacity period define a serious condition

01/01/2006

Don’t assume that an employee’s three-day absence and two doctor’s visits will automatically equal a "serious health condition" that qualifies the employee for FMLA leave. A new court ruling says it matters when those two doctor’s visits occur …

Alert Supervisors to Little-Known Association-Bias Law

01/01/2006

By now, your supervisors know it’s illegal to discriminate against someone because of his or her disability. But do they also know about a less obvious part of the ADA that makes it illegal to discriminate against people because they have an association with a person who has a disability? …

Avoid Impromptu Job Reviews; It’ll Look Like a ‘Paper’ Job

01/01/2006

Warn your supervisors that if they quickly schedule negative employee reviews—particularly after an employee files a complaint—they could appear to be papering the employee’s file in advance of a retaliatory firing, which won’t look good in court …

Don’t give up on accommodations too early; show a ‘good faith’ effort

12/01/2005
When faced with a disabled employee, you must actively negotiate possible accommodations in good faith. That may seem obvious, but employers are constantly …