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Terminations

Document your consistently fair practices

10/06/2011

Much as you would like to, you can’t control every statement that comes out of supervisors’ mouths. Someday, someone somewhere within your organization will utter an ethnic comment or slur. That doesn’t have to become the basis for a successful lawsuit—as long as you have a track record of treating all employees fairly.

Did Scooter Store pull an ADA fast one?

10/04/2011

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee. The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

Planking at work: A firing offense?

10/04/2011
GameStop, the video-game retailer, fired an employee recently for tweeting two pictures of himself “planking” on the store counter and between two merchandise kiosks. GameStop has a policy that says employees can be terminated for online activity that puts the company in a bad light.

Can fired poor performer receive unemployment benefits?

10/03/2011
Q. One of our employee’s job performance no longer meets our standards. While she used to be a good worker, she’s now making a lot of errors, coming in late from time to time and not getting along with her co-workers … If we fire her for poor performance—which we would consider termination for cause—will she be eligible to collect unemployment compensation?

How to avoid the top 5 employment law mistakes employers make

10/03/2011
Failing to effectively communicate with your employees isn’t just bad for business. It also can create legal trouble. Here are five of the most common errors that land employers in court. As you’ll see, communication lies at the heart of all of them.

Terminations: Always have a second witness to the entire meeting

09/29/2011
When it comes to bringing legal claims, employees feel emboldened when they can paint you into a “my word against yours” corner. But they don’t feel as comfortable—and likely won’t sue—when they’re facing a case of their word against two representatives from management.

Can we really not fire an employee who has been called to jury duty?

09/28/2011
Q. We are a very small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial?

What should we do? It looks like employee used FMLA leave for elective surgery

09/28/2011
Q. An employee told her supervisor that she needed surgery. We approved time off under the FMLA with the understanding that she would provide certification after the leave began. We later discovered that this “necessary” procedure was liposuction. Can we revoke approval of medical leave under the FMLA and convert sick hours she used to vacation hours instead? Can we fire her based on inappropriate use of the FMLA?

Think twice before challenging unemployment–former worker may well qualify for benefits

09/28/2011
When former employees file for unemployment compensation after they quit for medical reasons, some employers routinely challenge the claims. But whether an employee is eligible to receive unemployment benefits depends on the specific circumstances of the case.

HR alert: Some of your actions aren’t protected

09/28/2011

Sometimes HR professionals go to bat for employees when they think the company may be overstepping legal boundaries or generally not doing “the right thing.” But those activities aren’t necessarily protected, meaning HR pros can’t claim retaliation if they are punished afterward.