Firing

Document time of performance problems in case employee registers bogus complaints

11/06/2018

Employees who face discipline sometimes fight back with their own discrimination complaints. Terminating such an employee shortly afterward can look suspiciously like the complaint precipitated the discipline. The best way to prevent that impression is to carefully document the reasons for the disciplinary meeting in the first place.

Fired employee sues? Consider counter-claim

11/06/2018

If you have good records showing exactly how you decided to terminate and can explain why you terminated an employee without stating the underlying reasons, you may be able to bring that up if she sues.

Fire if manager falsifies employee hours worked

10/25/2018

Time clocks and other time-tracking systems are designed to ensure workers receive all the pay they are entitled to. Manipulating those systems can easily lead to huge back-pay awards.

Clearly document the rationale for disciplinary decisions you make

10/22/2018

Before disciplining a worker, be sure to think about how you might defend the decision later. Then document all the reasons why the employee deserves the punishment you propose.

FMLA: Firing can easily trigger retaliation suit

08/29/2018

Thinking about terminating an employee who is currently out on FMLA leave? Proceed with the greatest of care! If ever there was a “red lights flashing” HR moment, this is it.

How to avoid a wrongful-discharge suit

08/15/2018

How can you discharge or discipline an employee without ending up in court? Here are seven key tests of whether there was “just cause” for your action.

OK to fire disabled worker who cannot perform job duties

08/08/2018

Sadly, some employee disabilities just can’t be accommodated, which means the employee can be terminated. Just make sure you can back up your contention that there was nothing that could be done to allow the employee to keep working.

Home Depot could pay for mishandled firing

08/02/2018

Maurice Rucker, a 60-year-old black man, was a long-time employee at a Home Depot store in Albany, N.Y. He doesn’t work there anymore. His response to a customer’s racist rant got him fired.

Resist temptation to rubber-stamp terminations

08/01/2018

Don’t just automatically approve a manager’s recommended discipline. Always conduct an independent investigation to verify that the manager is being fair and reasonable.

The First Amendment, patronage and political firing

07/24/2018

Public employers that fire workers following a controversial election must show that they would have fired the worker anyway.