Terminations

Court upholds firing in medical marijuana case

06/15/2015

In a case with important implications for employers in states where medical and recreational use of marijuana is legal, the Colorado Supreme Court has ruled that an employee who was fired after testing positive for cannabis does not have to be rehired.

Document details to differentiate discipline

06/09/2015

You probably have specific rules that spell out discipline for common violations. That doesn’t mean you can’t tailor the punishment to each individual situation. The key is to document the details that justify why one employee who broke a rule was punished more harshly than someone else who broke the same rule.

Another reason to keep good records: Proving when you made decision to terminate

05/29/2015

Could you explain to a court exactly when you decided to fire an employee? If not, you need a system for tracking your decision-making process. That can be invaluable, as this case shows.

Spontaneous wage protest: Can we fire the agitator who stirred up his co-workers?

05/25/2015

Q. We are a nonunion company with a call center employee who has been stirring things up. Recently, he and a large group of first-shift employees stayed in the parking lot instead of coming back from lunch on time. A few of them held up signs saying, “Fair Wages Now!” We’d like to fire the bad apple. Are we taking any big risks if we do?

Provide full info to termination consultants

05/07/2015

Outside consultants who specialize in the tricky business of terminations can help small employers when it’s time to let go of an individual employee or implement a larger layoff. But before you act on outside advice, do make sure you provide all the relevant information to the consultant.

Can you fire employee for threatening suicide?

05/05/2015

What should you do if you learn one of your employees brandished a gun and threatened suicide, but a doctor released him back to work? Shouldn’t you be concerned about safety? Let’s examine a recent case.

Use last-chance agreement so you and your employee can push reset button at work

04/29/2015

In cases where you may be concerned about a lawsuit over firing an employee, consider instead a last-change agreement. Think of it as hitting the reset button. Both the employer and the employee have one last chance to save the relationship.

EEOC loses case based on ‘illegal’ claims releases

04/27/2015

The EEOC has lost an important test of a novel theory that could have changed how some severance agreements are structured. It wanted to forbid requiring workers to waive the right to sue if they were converted from employees to independent contractors.

Get the Most Out of Exit Interviews

04/25/2015

Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Be sure to document justification for RIF

04/20/2015

While you may not want to share the information with your employees as you prepare for a reduction in force, be sure to document the reasons. That’s especially true if the underlying reasons are monetary—that you simply can’t afford to employ as many people as you have in the past.