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Terminations

Zero-tolerance drug policy? Make sure you uniformly apply it to all

09/28/2011
Do you have a zero-tolerance rule against employees who use or possess illegal drugs at work? If you don’t apply it to all employees who break the rule, you will be sued.

Firing? Document reasons–and stick with them

09/28/2011
Here’s a tip to keep in mind the next time you must terminate an employee: Even if you don’t intend to tell the worker why he is being fired, be sure to carefully document the reasons. That way, if you are challenged later in court, you can point to the contemporaneously produced record as evidence you had a legitimate, business-related reason for your decision.

In discipline, it’s the details that matter

09/23/2011

Employees who believe they have been disciplined more severely than co-workers may blame the disparity on some form of discrimination. They may think that their age, sex, national origin or some other protected characteristic is the real reason. Even if you know you haven’t been biased, be prepared for the accusation.

Fire if you must, but always be ready to defend decision

09/22/2011
Sometimes, you have no choice but to fire an employee. Every one of those discharges is a fresh chance to be sued by a disgruntled former employee. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged.

Was that insubordination, or an accommodations request?

09/22/2011

A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?

When bullying hits workforce, expect legal fallout

09/22/2011
Some schoolyard bullies grow into workplace bullies. In most cases, their behavior won’t lead to a lawsuit. But that’s not always the case.

Terminating pregnant employee? Gather proof you would have done so despite condition

09/22/2011

Some employees think that if they are pregnant, they can’t be fired. While it’s true that firing someone because they are pregnant is illegal, it doesn’t follow that every discharge involving a mother-to-be is discrimination. Be prepared to show legitimate, nonpregnancy-related reasons for your action and you should survive a lawsuit.

Hair triggers religious bias suit against Taco Bell

09/22/2011
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.

Beware REDA retaliation against ex-employees

09/22/2011

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former em­­ployees. It does.

Study: Disgruntled ex-employee is now the new norm

09/22/2011
The days of happy alumni singing your praises seem to be over. More than three-quarters of departing workers say they would not recommend their ex-employer to others, according to a new Corporate Executive Board survey.