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Terminations

When firing, consider all the circumstances–but prepare for lawsuit

07/05/2013

Fired employees who file lawsuits alleging they were singled out for discipline because of some form of discrimination usually follow a basic legal strategy. They try to find a former co-worker outside their protected class who was punished less severely for similar conduct. Your best defense against those lawsuits is to make sure you carefully document all discipline.

Is it legal to fire all your employees, then ask them to reapply?

07/05/2013

Sometimes, it becomes apparent that something in the workplace has to change. In some cases, employers have decided to terminate everyone and have them all reapply for their jobs. A recent federal court ruling says this may be a viable approach …

Insist that workers follow internal grievance process

06/26/2013
Do you require employees to use an internal grievance policy when they have a complaint about working conditions? That policy may apply to re­­tal­­i­­ation claims too, even if the em­­ployee has been fired. Failing to use the proc­­ess may cancel the right to sue.

No cooperation on ADA accommodations? Then it’s time to consider termination

06/26/2013
Some disabled employees take the approach that it’s their way or no way when it comes to accommodations that would allow them to perform the essential functions of their jobs. Fortunately, employers have leeway in exactly which accommodation should be used.

Problems found during FMLA: Is it OK to fire?

06/25/2013

What if an employee goes on FMLA leave, and you discover that co-workers have been covering up for her incompetence? Or you find that she wasn’t telling you the truth. As this new case shows, it’s legally possible to terminate her.

Fair investigation all that’s needed to support discharge

06/24/2013
Employers don’t have to be absolutely right before disciplining an employee. They merely have to investigate first.

How risky is it to fire a pregnant employee having attendance problems?

06/20/2013
Q. An employee has been with us for less than a year, so she isn’t yet eligible for FMLA leave. Last month she missed five days because her child had a high fever. She used available PTO for the time off. Last week, she was no-call/no-show for three days. She told the supervisor she had been hospitalized because of pregnancy complications and didn’t have access to a phone and was sedated. She provided a doctor’s note that released her to return to work, but stated that she may need to be put on bed rest. The supervisor would like to terminate her because we can’t afford to continue employing someone so unreliable. Can we do this?

How to thwart bias lawsuits: Have supervisor who did the hiring also handle firing

06/20/2013
Here’s a tip that can help prevent successful termination lawsuits: Set up your system so that the same individual or individuals who make hiring decisions also make the final termination decisions. It will help you prevail in court if the fired employee tries to sue you for discrimination.

Beware firing worker who sleeps with the enemy

06/20/2013
Here’s a situation that should send you straight to your attorney’s office. If you fire an employee because you discovered her spouse works for the competition, you may be violating the marital status discrimination clause in the Minnesota Human Rights Act (MHRA).

Waiting to fire slacker? Document your concerns

06/11/2013
If you have a poor-performing worker but don’t want to fire him before you have lined up a replacement, make sure you document all the problems—and your efforts to get him up to expectations.