Firing

Cut lawsuit risk: Before firing, give worker time to tell her side of the story

02/02/2015

One way to reduce the possibility of a lawsuit (or look good to a judge if you are sued) is to refrain from cutting off employees from talking during the termination meeting. Take the extra time to let workers tell their side of the story before you fire them.

Feel free to discipline–or fire–disabled worker who disrupts and threatens co-workers

01/26/2015

Don’t let a disabled employee get away with behavior you wouldn’t tolerate in other employees. There’s no reason to put up with threats and intimidation.

After firing, can you erase a worker’s phone?

01/15/2015

Employees are increasingly using their personal smartphones for work purposes. But when employees depart, those phones may contain a wealth of confidential company data. What to do?

Why was Joe fired? Stay mum

01/12/2015

Post-termination communication is one area in which managers can get into trouble. Managers should follow these best practices when communicating about an employee’s departure.

Firing right after EEOC complaint? That’s an invitation to trouble

01/06/2015

If you happen to make the final termination decision immediately after an employee files an EEOC complaint, timing alone may be enough to send the case to trial.

No such thing as too many reasons to fire

01/05/2015

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

Discrimination: Title VII

01/04/2015

HR Law 101: Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers on the basis of race, color, religion, sex or national origin. An array of federal and state laws further refine the definition of discrimination …

Fire at Will Doctrine

01/01/2015

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time …

Sex Discrimination

01/01/2015

HR Law 101: Sex discrimination and sexual harassment are illegal under Title VII of the Civil Rights Act. The law requires that employers treat male and female workers equally in all terms and conditions of employment …

Insubordination is grounds for denying unemployment

12/24/2014

Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.