Terminations

Firing: You don’t have to be right, just honest

01/28/2014

Employees don’t always see eye to eye on discipline, performance appraisals or other workplace issues. But as long as you reasonably believe that your discipline was appropriate or your evaluation was on the money, you have little to fear. Simply put, the employee doesn’t get to second-guess your reasons.

Now what? Bad former employee wants a reference

01/24/2014

Q. I received a call from an employee I recently fired, letting me know she listed me as a reference. She was terminated because of performance. Can I disclose that information to a potential employer?

Difficult employee broke your rules? No need to fear legitimate termination

01/24/2014

Do you have a difficult employee you just know is going to sue you if you fire him? That’s no reason to treat him with kid gloves. Just make sure you have a rock-solid reason for the discharge. You may still be sued, but the case likely won’t go far.

The evidence is on Facebook: Can we fire for inappropriate behavior while wearing our logo?

01/22/2014

Q. One of our employees recently posted a picture of himself on Facebook doing something inappropriate while wearing a T-shirt with our company logo on it. The inappropriate conduct didn’t occur at a work event, but we’re concerned that the T-shirt connects us to the conduct. We would like to fire him immediately, but we hesitate because the termination is based on his personal Facebook page.

Beware discipline immediately after complaint

01/22/2014

Before you authorize disciplinary action against an employee who has just complained about discrimination or harassment, prepare for a legal fight. If you follow through and the employee sues, few courts will quickly dismiss the case.

Progressive Discipline

01/18/2014

HR Law 101: The most reliable way to protect your organization from charges of wrongful discharge is to establish and enforce a system of progressive discipline. Make it clear to all your supervisors that they’re expected to abide by your policy …

Constructive Discharge

01/17/2014

HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy …

It’s business as usual, even after sex change

01/14/2014

If you have an employee going through a sex change or other gender-identity issues, follow the lesson from the employer in this case: Treat such employees as you always have and make sure they aren’t harassed by co-workers. But don’t fear legitimate discipline or an evaluation based on performance.

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions …

North Carolina law allows honest answers to reference requests

01/03/2014

Employers often worry when they respond to requests for an employee reference. They assume if they aren’t upbeat and positive, they may end up liable if the employee doesn’t get the job. Fortunately, that’s seldom a worry if you are honest, aren’t out to “get” the employee and never volunteer any information without first being asked.