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Terminations

Watch out! Employee who quits can still sue

11/16/2012
Think you can avoid a discrimination lawsuit by making life so miserable that an employee quits, making it unnecessary to fire her? Don’t bet on it.

More questions than answers after NLRB Facebook firing ruling

11/13/2012
By now, you have probably heard about the NLRB decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW. On appeal, the NLRB agreed with the ruling of an administrative law judge  that Knauz BMW did not violate the National Labor Relations Act when it fired a salesman for making a derogatory post on Face­­book. However, employers shouldn’t take much comfort in the outcome.

Wrongful termination: 6 steps to keep firings from burning you

11/13/2012

In most states, workers are employed on an “at will” basis, meaning employers may terminate workers at any time for any legal, nondiscriminatory reason. However, at-will status doesn’t mean you won’t get sued. Here’s how to minimize your exposure to wrongful-termination claims.

NYC guidance counselor fired over old lingerie photos

11/11/2012
A school guidance counselor is suing the New York City Department of Education after she was fired after some long-ago photos of her modeling lingerie surfaced on the Internet. Her lawsuit claims discrimination and wrongful termination.

Beat FMLA suit by showing you would have fired anyway

11/09/2012
Employees who have taken FMLA leave and then been fired often sue. However, all is not lost for ­employers faced with such a case—if they can show they would have fired the em­­ployee anyway. In fact, chances are, they’ll win.

The dark side of the moon: Employee loses $2M

11/09/2012
An investment banker in Chicago, unhappy when he discovered a co-worker had been fired, mooned his boss. He was fired and, as a result, lost out on a $2 million payout that would have vested in a couple of months.

A slur is a slur, no matter the language–and deserves harsh discipline

11/01/2012
You don’t tolerate slurs spoken in English, do you? Then don’t put up with vile, intolerant and demeaning speech in other languages. It’s the content that matters, not the language spoken.

Suspect employee has relapsed into drug use? Never say so without proof

11/01/2012

Under the ADA, it’s illegal for employers to discriminate against employees who have a history of drug addiction but who aren’t current users. Before you or anyone else in management comments on suspicions that an employee has backslid, make sure you have evidence to back the claim.

Is car trouble a firing offense?

10/27/2012

Q. An employee frequently comes in late or is absent because of car troubles. Is this a justifiable reason for termination? To avoid this issue in the future, can we ask applicants if they have a reliable means of transportation to get to work?

White House WARNing on fiscal cliff: Don’t jump

10/27/2012
The Obama administration has informed federal contractors—whose funding could be slashed if a lame duck Congress fails to act before the end of the year—that they don’t have to worry about one of them yet: issuing layoff notices required by the WARN Act.