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Terminations

To prevent and win termination lawsuits, document business reasons for every exit

01/10/2013
Terminations are the No. 1 flash­­point for legal disputes during the employment relationship. To avoid trouble, back up each termination decision with a solid business reason—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Firing for Facebook post doesn’t violate Texas privacy law

01/09/2013
Recently, a Texas appeals court was asked to determine whether firing an employee because of a Face­­book post violated that employee’s state law privacy rights. The court held that it did not.

Good records win lawsuits: When disciplining, be as specific as possible

01/09/2013
If someone was terminated for breaking workplace rules, he may claim you treated others outside his protected classification more favorably. The best way to counter such charges is with very specific records showing why you believe each punishment fit the rule violation.

How to stop midshift intermittent FMLA leave abuse

01/09/2013
There’s nothing quite like trying to manage intermittent FMLA leave for employees who must see to loved ones’ care during working hours. It’s even more difficult if the employee comes to work, only to spend all her time on the phone, supposedly dealing with the serious health condition covered by FMLA intermittent leave.

Beware! Old slights can bolster new bias claims

01/09/2013
Here’s an important factor when considering discharge: Dis­­crimi­­nation complaints made years ago can form the basis for a lawsuit if the underlying events show a pattern of discrimination.

Government whistle-blowing is protected speech–unless delivered in insubordinate manner

01/09/2013
Public employees who speak out on matters of public importance are engaging in protected speech. However, that protection has limits. When the “speech” is rude, offensive or threatening—and it occurs at work—the employer is free to punish the employee for the speech’s delivery (not its content).

Give employee time to weigh severance offer

01/09/2013
If you want to offer a severance package to an em­­ployee in exchange for giving up the right to contest a discharge, give him plenty of time to consider the offer. If you don’t, the signed deal may not be final.

Suspect leave abuse? Be certain before you act

01/03/2013
Most of the time, an employer needs only to honestly believe the reason given for a termination. However, that’s not true in cases involving the FMLA or California family leave.

Use discipline record to select employees for RIF

01/01/2013
Absent a union contract or other established rule, you don’t have to use seniority to decide which em­­ployee should be laid off. You can use any objective measure.

When performance slips, don’t let past good reviews affect decision-making

01/01/2013

Some employees do well for years, only to have their performance slip. There may come a time when you have to let the employee go. But what about all those glowing evaluations from years past? If you can prove that the employee’s performance has genuinely declined, those earlier evaluations won’t cause any trouble in court.