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Terminations

Can we terminate a manager who got drunk at our annual company event?

05/01/2007

Q. Our organization has a four-day annual meeting for our managers, directors and leaders from 40 offices across the United States. The evening before the meeting ends, we host a large, fun, casual theme party. During this year’s party one of the sales managers from an affiliate office became so intoxicated that she had to be held up and escorted back to her room, where a hospital medical staff member stayed with her to make sure she was OK. The following day, she skipped the remaining meeting sessions and took an early flight home. Is this grounds for dismissal?

Revising crisis plan? Consider disabled workers’ needs

05/01/2007

In light of April’s shootings at Virginia Tech, organizations are taking a fresh look at their evacuation and emergency notification procedures. When you review yours, resist the well-intentioned temptation to lessen risk by shunting aside disabled employees

Manager who did the hiring also should do the firing

05/01/2007

It may be a good idea to track who in your organization makes the decisions to hire specific employees. That way, those managers can also be part of the decision to discharge employees who turn out to be duds …

Seek accommodations even if the effort seems impossible

05/01/2007

As soon as an employee makes it known that he needs accommodations, it’s up to the employer to start an interactive accommodations process, even if it turns out that no accommodation is possible …

Quit or fired? That’s the question

05/01/2007

Q. We had an employee who was not working out. We gave her the choice of resigning or being terminated. She chose to resign. We were happy because we understand that an employee who resigns is not entitled to unemployment compensation under Texas law? Are we right?—S.G.

No need for extra severance when laying off litigious staff

05/01/2007

Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints?

Cut reinstatement risk by tracking laid-Off jobs

05/01/2007

Discharged employees who sue may ask the court to order their reinstatement if they can prove discrimination …

Employees to pay $2.26 million as workers’ comp suit backfires

05/01/2007

In a highly unusual decision, a U.S. District judge issued a default judgment against 84 former factory workers who filed workers’ compensation claims against their employer, Bath Unlimited, owned by Michigan-based Masco …

Beyond business need, show why individuals got sacked

05/01/2007

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips …

When planning a layoff, use a checklist to avoid needless age bias litigation

05/01/2007

If an upcoming reduction in force (RIF) will affect older workers, create a paper trail to demonstrate compliance with the Older Workers Benefit Protection Act …