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Terminations

Lawyer fired for appraisal sues for wrongful discharge

03/20/2009

A former lawyer at Skadden Arps Slate Meagher & Flom LLP has filed a lawsuit against the law firm for terminating his employment after he wrote a performance evaluation that criticized another associate and partner.

Can I fire this employee? His volunteer firefighting makes him miss too much work

03/20/2009

Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

When employees leave, so does company data

03/18/2009

More than half of employees who lost or left their jobs in 2008 took company data with them, according to a study conducted by Ponemon Institute and cyber-security software maker Symantec. A shocking 59% of respondents claimed they had copied or e-mailed company data.

Memo to managers: There’s no reason to discuss why employee was terminated

03/18/2009

When it comes to discharging employees for alleged dishonesty, here’s some sound advice for managers and supervisors: Don’t discuss why the employee was terminated with anyone who doesn’t need to know. Keep the information private to avoid a possible defamation lawsuit.

Counter discrimination charges by seeking information from all witnesses

03/18/2009

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

Track when you told worker she was being fired

03/18/2009

Because employees have to meet tight deadlines for most employment discrimination claims, employers should be ready to prove exactly when they notified employees about a pending termination. With an exact date at your fingertips, you can easily get a case dismissed …

Employer can check employee cell phone records

03/18/2009

Patrick Morrissey worked for Steelcase Inc., which provided him with two cell phones, one for business and another for personal use. Both billing statements were sent to his boss, Brent Golembieski, because Steelcase paid both bills …

Long-time Caterpillar workers lose retiree medical benefits

03/18/2009

In its 1998 collective-bargaining agreement, Caterpillar promised to provide retiree health benefits to its workers at no cost to them. By 2005, Caterpillar recognized it could no longer provide the health benefits without the retirees chipping in. When labor and management sat down at the table to hammer out a new agreement, retiree health costs was one of the sticking points …

Documentation key to stopping that 2nd suit!

03/13/2009

Congratulations! You’ve settled a case. Now make sure the same employee doesn’t sue you again. Remind managers and supervisors to treat the employee exactly like they treat all other employees in the same position.

Set up employee complaint hotline to flag managerial abuses—and stop lawsuits

03/13/2009

All too often, low-level managers and supervisors cause misunderstandings that could have been avoided. Of course, training on company processes, anti-discrimination or anti-harassment policies and so forth can prevent many workplace problems. As a backup plan, make sure you have a way for employees to quickly notify HR about any problems.