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Firing

Check state law before firing victim of a stalker

07/01/2005

Q. One of our female employees says her ex-boyfriend is stalking her. She hasn’t been able to get a restraining order against him. We’re worried that he may show up and do her or other workers harm. Can we fire or suspend her? —B.L., Florida

The dangers of playing doctor with employee ailments

07/01/2005
Issue: Supervisors must be responsive to employees’ disabilities, but they shouldn’t overaccommodate them.
Risk: If supervisors voice their own assumptions about the disabilities’ impact, they could spark an ADA lawsuit. …

Should you return pirated software to a fired employee?

07/01/2005

Q. We terminated an employee after we caught him downloading software and movies onto his own CDs and DVDs. After he left, we found discs that contained copied movies in his desk. Now he’s asking for his belongings back. Are we required to return the discs? —D.V.

Don’t allow managers to issue hasty termination letters

06/01/2005
If you haven’t already, establish a policy that says HR and/or other senior executives must review supervisors’ termination proposals. The goal: Prevent supervisors from making legally dangerous firings out of anger, …

Employee moonlighting: Should you ban it?

06/01/2005
Issue: One in 20 employees moonlights, and a hot labor market offers employees in your shop new opportunities to work second jobs.
Risk: Moonlighting can create tired, distracted employees, plus …

Choose ‘firing words’ carefully; stick to performance

06/01/2005
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Female employees can sue for ‘potty parity’

06/01/2005
Don’t make different bathroom-break rules for the different sexes. Case in point: A manufacturer’s new factory had only one restroom, which was designed for men. Female employees could use that restroom …

Don’t retaliate against employees for controversial public opinions

05/01/2005
If your organization does business with any government entity (from a state agency to a local school board), be wary of allowing government officials to become involved in your employee discipline …

Don’t ‘get tough’ on certain staff; tie punishment to crime

05/01/2005
Issue: Supervisors tend to be quicker in disciplining employees that have given them trouble in the past.
Risk: Singling out certain “troublemakers” for discipline can spur a retaliation lawsuit.
…

State law dictates employees’ access to personnel file

05/01/2005

Q. An ex-employee whom we fired is now asking to take some documents from his personnel file. Is he legally allowed to do this? Do we have to give him the information just because he’s asking for it? —L.B., North Carolina