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Terminations

Live from SHRM: 7 rules to ‘bullet-proof’ your documentation

06/30/2009

Attorney Alison West thinks every HR pro should keep a pen and paper with them at all times. “It will help you get into the habit of documenting,” she said at the SHRM Conference in New Orleans. West believes documentation is crucial to keeping a workplace running right—ensuring fairness, promoting good performance and, most important, winning in court if an employee sues you.

Must we pay a bonus to someone who earned it but no longer works for us?

06/26/2009

Q. Our company pays quarterly and annual bonuses, depending on the position. If an employee is with us throughout the entire quarter/year, but leaves before we pay out the bonuses, is he still entitled to one? We don’t have a policy stating that you must be employed at the time the bonus is paid.

Remind bosses: No talk of pregnancy plans

06/26/2009

Are some of your organization’s leaders still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? You might be a few off-base questions away from a pregnancy discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

Caution before offering ‘retire or be fired’

06/26/2009

Here’s something to keep in mind when you are tempted to give an employee a choice between termination and early retirement: He may allege that the retirement option was really a constructive discharge.

No evaluations? You could be called ‘Out!’

06/26/2009

If your organization doesn’t have a solid performance evaluation system in place, you’re taking a high-stakes gamble you just might lose. Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce performance evaluations that back up why you terminated them.

Make sure managers report sexual harassment

06/26/2009

The 3rd Circuit Court of Appeals has ruled that managers who actually supervise the work of subordinates have a duty to report sexual harassment when they learn of it. If they don’t, their employer can still be held liable.

Know the limits of employee free speech—no need to tolerate out-of-line protests

06/26/2009

Employees have the right to voice concerns and complaints about perceived workplace discrimination. But employers have rights, too. Employees don’t have the right to communicate their concerns in ways that are disruptive, insubordinate or that otherwise violate reasonable company policies. You can punish employees who don’t play by the rules.

Easy come, easy go: Political appointees have little room to blame firings on bias

06/26/2009

In a pair of 3rd Circuit Court of Appeals cases, the court has made it clear that it has little tolerance for political appointees who clearly understand they serve at the pleasure of their elected officials and still sue when they are terminated, alleging some form of discrimination.

Exonerated, gone anyway: You can independently assess misconduct

06/26/2009

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal. That means employers still have the right to make their own decisions about conduct and what they believe happened.

Use ‘fresh-start’ policy to cut retaliation risk

06/26/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.