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Terminations

Must we hand over final paycheck, or is it OK to put it in the mail?

02/26/2014
Q. One of our employees is resigning at the end of the month. Can we mail her final paycheck?

Sometimes you can require repayment out of last check

02/26/2014

Do you offer a store credit card to your employees? If so, you likely want any balance due repaid if the employee quits or is fired. You may be able to get the employee’s agreement to repay the balance on termination out of his or her vacation or sick account balance.

Cite solid reason for termination to beat bias lawsuit based on statistical argument

02/26/2014
Employers that always have a clear and solid business reason for discharging employees seldom lose discrimination cases. That’s because even if a protected class member is affected, it’s very hard to counter the employer’s claim it terminated the employee for legitimate nondiscriminatory reasons.

Simple personality clash is no reason to quit

02/19/2014
Employees can sometimes receive unemployment benefits even if they quit, but they must have good cause. Mere dissatisfaction doesn’t count.

Call for back-up! When escorting employee from premises, don’t go it alone

02/18/2014

Here’s a bit of practical advice for that rare occasion when you may have to escort an employee off the premises: Make sure to have a second person there to help you. There’s credibility in numbers.

Stick to your story: Shifting explanations for terminations are lawsuit red flags

02/18/2014

One of the worst things you can do when you fire an employee is to provide shifting explanations for the discharge. The best approach: Talk to your lawyer before you terminate, to clarify exactly what your reasons are.

Consistency is key when firing for performance

02/14/2014
Poor performance sounds like a legitimate reason to fire someone. That doesn’t mean the employee won’t sue. If that happens, you must be prepared to show that other em­­ployees who held the same position and had similar performance issues were also terminated. If not, you had better be able to explain why.

Can we fire employee because he was arrested?

02/07/2014
Q. An employee called out for one day because he’d been arrested on a domestic violence charge. He did not violate the attendance policy. This man has been rumored in the office to be an abuser, and the police have been called to his home other occasions. He is an at-will employee. Can we realistically fire him if he’s broken none of our rules? 

Can we fire worker who gave notice and promptly started slacking off?

02/05/2014
Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?

How to dodge an FMLA bullet: Consider granting after-the-fact leave request

02/05/2014

Sometimes, simple medical procedures turn out to be not so simple after all. A few days off for outpatient surgery may morph into a lengthy FMLA leave and render the employee disabled. Don’t jump the gun and terminate the employee without considering whether he’s now entitled to FMLA leave and reasonable accommodations.