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Terminations

Lawsuit-proof your HR operations: Document business reason for every decision

06/24/2010

It’s difficult to predict which employee will be the next to sue. That’s why your best defense is to treat every major employment-related decision as a potential lawsuit. How? Back it up with a solid, business-related justification.

Establish an employee policy on responding to shoplifters–and be consistent in enforcement

06/22/2010
Two employees of a Sprint store chased down and subdued a shoplifter even though they were on break at the time. Heroic? Yes. But also a violation of Sprint company policy, and both men were fired. Employers are within their rights to set such policies, but make sure you enforce such policies consistently to avoid discrimination claims.

Trust but verify: FMLA software isn’t foolproof

06/22/2010
As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But if you decide to terminate because the software told you an employee overstepped her leave or wasn’t eligible for FMLA leave, review the reasons for the leave and double-check your calculations.

Before you decide to fire, make sure past job evaluations support your rationale

06/18/2010

Here’s a tip that will make courts more likely to uphold your termination decisions. Make sure whatever reason you use to justify the firing also showed up in past performance evaluations. Nothing raises suspicions more than kudos followed by discharge.

Firing? Back with complete discipline records

06/18/2010

Employers that keep careful track of which employees are disciplined—and for what reasons—have a leg up if they’re ever sued for discrimination. Before you terminate any employee, take the time to pull up all similar past disciplinary files. If those records show you fired other employees for identical or less-serious offenses, chances are no court will second-guess your decision in the latest case.

Retaliation alert: Most public employees protected when reporting alleged wrongdoing

06/18/2010
Public employees have First Amendment free speech rights, including protection from reprisal for reporting alleged wrongdoing to superiors. They lose that protection only if reporting wrongdoing is part of their jobs.

How to write a tough, but legal, at-will statement

06/17/2010
Q. We want our employees to know that they don’t have guaranteed employment. Can you provide an example of a tough at-will statement that we can give them?

Independent review protects against hidden supervisor bias

06/16/2010

Despite your best efforts, a rogue supervisor occasionally slips through. He may harbor discriminatory attitudes that can color his termination and disciplinary decisions. But you can cut that chain by doing a little independent digging into what really happened. Then document your efforts to get both sides of the story.

Rescind firing ASAP to end discrimination suit

06/14/2010
Let’s say a supervisor acts too hastily in firing an employee who has turnaround potential. Or perhaps you learn the employee has a plausible discrimination claim, and you’d rather address the issue right away than risk litigation. If you offer to reinstate the employee right away and she refuses to return, chances are a court won’t conclude you unfairly terminated her in the first place.

New tool when employees defect to competition: bonus forfeiture

06/14/2010
Employers looking to discourage their employees from going to work for a competitor, take note! As a general matter, courts aren’t in favor of noncompete agreements. Nevertheless, Illinois employers may now have a new weapon to keep employees from taking your secrets when they leave.