Firing

Document who made firing decision … and why

03/30/2015

Courts want to know exactly who decided the employee should be terminated, as well as the rationale.

When terminating public-sector employees, be careful how you announce their departure

03/11/2015

Government workers have more protections than other employees when it comes to termination. For example, if a public employee is falsely charged with some form of misconduct, she may have a lawsuit. By all means, resist the temptation to make an example out of the fired employee.

Establish clear record of who made termination decision and why employee had to go

03/10/2015

Courts don’t like conflicting reasons for termination, or confusion over who made the decision. They want to know exactly who decided the employee should be terminated and why. Create a clear who-and-why record before you fire.

Performance nose-dives right after notice is given–is it OK to fire?

03/10/2015

Q. One of our employees gave us a two-week notice, and is now noticeably slacking off. Can we let him go before the two-week period is up?

More than one reason to terminate? Be sure to carefully document your rationale

03/09/2015

While there’s no requirement to provide a specific discharge reason, you should be ready to document the rationale behind the decision. Note each reason you considered when making the case for termination. You will need that documentation if the employee sues.

Appeal of firing doesn’t give worker more time to sue

03/03/2015

Employees who use a post-termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.

Employee fired via Twitter–before she even starts

02/24/2015

The day before a Texas woman started her new job, she tweeted a rather profane opinion about it—and even threw some sour emojis into the mix. Guess what happened next.

Pick one good reason to justify firing

02/18/2015

A poor performer may disappoint on many levels, doing lousy work and failing to get along with others … harassing co-workers and fudging time sheets. While you should document all the problems, you don’t have to cite every one when you terminate the employee. Pick one and stick with it.

No cooperation? Start progressive discipline

02/09/2015

Some employees have such a chip on their shoulders that they balk at work that falls outside their usual duties. When lack of cooperation crosses the line into insubordination, it’s time to implement your progressive discipline system.

Gov’t employers must offer pre-termination hearing

02/02/2015

Public employees can’t be terminated without a pre-dismissal hearing of some sort, to give the employee an opportunity to learn why she’s being fired and a chance to speak up. The hearing doesn’t have to be formal, but simply firing the worker without explanation isn’t an option.