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Terminations

Negotiating return to work? Don’t rush firing

03/27/2014
Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.

No matter how complicated the firing, have a rational explanation for decision

03/25/2014
A messy termination doesn’t have to mean losing a subsequent lawsuit. Just be proactive, figure out what happened and document the underlying discharge reasons. They’re probably in plain sight, despite the drama.

‘Resign or be fired’: Humane offer or a risky ultimatum?

03/24/2014

Have you ever presented an em­­ployee the option to resign or get fired? Doing so today just may fall under the no-good-deed-goes-unpunished category. As this new ruling shows, such ultimatums might ultimately give you ulcers in court under the “ultimatum theory” of liability …

How can we fire a poor performer–who up until now has earned glowing reviews?

03/17/2014
Q. We recently hired a new manager in an underperforming division. After getting to know her team, the manager wants to fire an employee for poor performance. But, the employee has only had glowing performance reviews under his previous manager. Can we go ahead with the termination?

Easy way to head off discrimination suits: Have manager who hired also do the firing

03/13/2014

Here’s a good practice that may limit lots of lawsuits following terminations: If possible, make sure the same person who hired a worker also fires him. That makes it more difficult for an employee to argue he was fired for discriminatory reasons.

Clerk fired after telling Gov. McCrory, ‘Thanks for nothing’

03/07/2014
Governors might think they have a thankless job, but being told that directly can still sting. Gov. Pat McCrory recently found out exactly how thankless the job can be.

How are layoffs supposed to be handled when someone buys my business?

03/06/2014
Q. Do I have to follow the WARN Act if someone buys my business?

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Document exactly why you fired troublemaker

03/06/2014
Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.