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Terminations

Appeal of firing doesn’t give worker more time to sue

03/03/2015
Employees who use a post-­termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.

Employee fired via Twitter–before she even starts

02/24/2015
The day before a Texas woman started her new job, she tweeted a rather profane opinion about it—and even threw some sour emojis into the mix. Guess what happened next.

Pick one good reason to justify firing

02/18/2015
A poor performer may disappoint on many levels, doing lousy work and failing to get along with others … harassing co-workers and fudging time sheets. While you should document all the problems, you don’t have to cite every one when you terminate the employee. Pick one and stick with it.

No cooperation? Start progressive discipline

02/09/2015
Some employees have such a chip on their shoulders that they balk at work that falls outside their usual duties. When lack of cooperation crosses the line into insubordination, it’s time to implement your progressive discipline system.

Gov’t employers must offer pre-termination hearing

02/02/2015
Public employees can’t be terminated without a pre-dismissal hearing of some sort, to give the employee an opportunity to learn why she’s being fired and a chance to speak up. The hearing doesn’t have to be formal, but simply firing the worker without explanation isn’t an option.

Cut lawsuit risk: Before firing, give worker time to tell her side of the story

02/02/2015
One way to reduce the possibility of a lawsuit (or look good to a judge if you are sued) is to refrain from cutting off employees from talking during the termination meeting. Take the extra time to let workers tell their side of the story before you fire them.

What notice must I give California employees upon termination?

01/26/2015
Q. As a California employer, what forms and notices am I required to provide to employees I discharge? Also, are the forms and notices due immediately upon termination?

Feel free to discipline–or fire–disabled worker who disrupts and threatens co-workers

01/26/2015
Don’t let a disabled employee get away with behavior you wouldn’t tolerate in other employees. There’s no reason to put up with threats and intimidation.

After firing, can you erase a worker’s phone?

01/15/2015
Employees are increasingly using their personal smartphones for work purposes. But when employees depart, those phones may contain a wealth of confidential company data. What to do?

Why was Joe fired? Stay mum

01/12/2015
Post-termination communication is one area in which managers can get into trouble. Managers should follow these best practices when communicating about an employee’s departure.