Terminations

Be sure to document reasons that led to your decision to terminate

12/04/2018

No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. Be prepared!

Many reasons for firing? Document them all

11/14/2018

When terminating a worker, you don’t need to give her an exhaustive list of offenses. However, you should internally document all the reasons for firing her, in case you need to offer them as evidence later.

Employee doesn’t return after FMLA runs out? OK to fire for violating attendance policy

11/14/2018

If for some reason an employee doesn’t return to work at the end of his FMLA entitlement, then the employer is free to enforce a no-show, voluntary-quit rule based on the absences.

Feel free to consider past discipline when rehiring staff you previously laid off

11/13/2018

When workers apply for other, open positions that they’re at least marginally qualified for, their past disciplinary history may be a good reason to not rehire them.

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.

Document each step of the RIF process

10/31/2018

Chances are an employee won’t be able to make discrimination charges stick if you can clearly show 1) when you chose who to terminate and 2) for what legitimate business reason.

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.

Check layoff rationale for signs of hidden discrimination

10/03/2018

A layoff based on legitimate business reasons can still form the basis for a retaliation claim if the layoff decision was based on ulterior motives.