Terminations

Get details if several workers break same rule

05/17/2013

You have no doubt heard that employees who break the same rule should receive the same punishment. That’s true in most circumstances. However, nothing prevents employers from treating similarly situated employees differently if the facts warrant it. In those cases, however, details matter.

Should we go ahead with layoffs–including someone who complained about harassment?

05/10/2013

Q. Our company has been having financial difficulties and we have considered reorganizing for several months. Our chief operating officer has been charged with determining whether any of the current jobs can be eliminated. Recently, before any final reorganization decisions were made, an employee came forward claiming that the COO had been harassing her and had created a hostile work environment …

Failing to pay workers on time may cost you a big penalty

05/09/2013

In Minnesota, employees are supposed to be paid promptly and receive an accounting of their time worked. Failure to comply may mean you’ll have to pay a penalty.

Firing because you suspect thievery: Better be prepared to prove it

05/09/2013

Employees who steal from their employers violate their duty of loyalty. That makes them ineligible for unemployment compensation. That’s true even if the theft is small. But you must be prepared with clear testimony if you want to contest the worker’s right to unemployment benefits.

2 workers broke same rule? Explain different punishments

05/07/2013

Sometimes, two employees who break the same rule don’t deserve exactly the same punishment. But employers must make sure they can explain the difference.

Injured worker? Contest unemployment if worker quits before giving you a chance to help

05/06/2013

Here’s some good news: As long as you are willing to accommodate an employee’s medical condition, you won’t face liability for unemployment compensation if she quits. And the employee has to tell you she needs that accommodation. If she just quits, she won’t be eligible.

Off-limits to bosses: Talk of child-rearing

05/06/2013

Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.

Disabled employee always calling in sick?

05/01/2013

Disabled employees may be entitled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.

Employee out for one day probably ineligible for FMLA

04/30/2013

It’s OK to fire someone whose medical problems clearly don’t qualify as a serious health condition under the FMLA.

OK to punish repeat offenders more harshly