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Terminations

Will I get into trouble for withholding final paychecks from soon-to-be-former employees?

02/26/2009

Q. We’re closing our doors and firing all of our employees. As president, I am considering not paying my employees their final paychecks, even though they have earned that pay. Is this a risk?

Is a doctor’s note enough to prevent us from firing employee who broke call-in rule?

02/24/2009

Q. An employee left work on a Monday due to an illness. She called in sick Tuesday and Wednesday, but we heard nothing on Thursday or Friday. Our policy calls for termination if the employee doesn’t contact us within three days. We posted her job on Friday and decided to terminate her. On Monday, her fiancé called to tell us she was pregnant and had complications that led to a hospital visit. We got a note from her obstetrician saying she’d been examined, but not indicating when she could return. What should we do to avoid any legal fallout?

Beware firing after worker warns about safety

02/24/2009

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Require everyone to report harassment—you’ll be justified firing those who don’t

02/24/2009

If you’re serious about wiping out sexual and other forms of harassment in your workplace, consider adopting a zero-tolerance policy for failing to report suspected or known harassment. By readily disciplining those who ignore that rule, you can create a new climate in which employees really believe you take harassment seriously.

Memo to managers: Don’t embellish reason why employee was terminated

02/24/2009

Tell managers and supervisors not to embellish the reasons for discharging an employee. If they do, they risk the potential for a defamation lawsuit. That may be true even if the former employee is compelled to repeat the allegedly false information.

Cal State Fresno settles coach’s bias claim for $5.2 million

02/24/2009

California State University Fresno has settled a suit brought by a female former volleyball coach who accused the school of sex discrimination. The settlement was reached 18 months after a California Superior Court jury returned a $5.85 million verdict in the favor of Lindy Vivas …

What should we do about a disgruntled worker who disparages us on the web?

02/24/2009

Q. One of my employees has created his own web site. Recently, he has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire the worker for this conduct?

Don’t sweat EEOC complaint after discipline if you can prove process was fair

02/24/2009

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

Forget FMLA absences when rating employee attendance

02/24/2009

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.

When FMLA leave is denied, damages can add up fast

02/24/2009

Here’s a lesson to pass on to managers and supervisors: Employees who win FMLA lawsuits after being denied the right to take leave can end up with a large pot of gold at the end of the litigation—a pot that has to be filled by the company.