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Firing

Telecommuters eligible for FMLA? Geography may be irrelevant.

05/01/2004
An account executive who telecommuted from her California home office sued her Kansas-based employer, claiming she was fired after taking FMLA leave to recover from surgery. The company said she was …

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Handle soon-to-retire employees with care

05/01/2004
Issue: If an employee has one foot out the door, can you push the other foot out, too?
Risk: “Retiring” an employee before he’s ready can open the organization to …

The top 4 termination mistakes managers make

05/01/2004
Wrongful termination lawsuits are time-consuming, expensive—and almost always preventable. Here are four firing mistakes managers often make, plus what HR should do to keep them from happening.

Don’t ‘retire’ someone before he’s ready

04/01/2004
Just because an older employee is preparing to retire, it doesn’t give your organization the right to push him out the door.
The federal Age Discrimination in Employment Act (ADEA), …

Oral promise of long-term job will trump written at-will agreement

04/01/2004
Caution your hiring managers to avoid making, or even hinting at, guarantees to prospective employees about long-term job commitments. “Talking up” permanence to lure applicants could crush your ability to fire …

When does ‘religious expression’ cross the line?

04/01/2004
Issue: You must walk a fine line between allowing employees’ religious expression and preventing that expression from harming the business or creating unbalanced treatment of employees. Benefit: Federal law says …

Can you fire a poor performer who’s on FMLA leave?

04/01/2004

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York

Wear kid gloves with accommodation requests; they are ‘protected activity’

03/01/2004
Alert managers that they can’t demote, fire or retaliate in any way against employees simply because they ask you to accommodate their physical ailments. That advice holds true even if employees …

Workers’ religious beliefs don’t trump your need for a bias-free workplace

03/01/2004
Employees are clearly entitled to their own religious beliefs. But your organization doesn’t need to bend the rules to allow those beliefs to interfere with the rights of other employees.
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