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Terminations

Handicapped man fired for limping, typing too slowly

10/27/2012
A former employee in Bank of America’s mortgage office in Pittsburgh is suing the bank, claiming he was fired because of his disability.

Sleeping on the job? No unemployment benefits

10/27/2012
Employers that fire a worker for being caught sleeping on the job may not be liable for unemployment compensation benefits. On-the-job snoozing can be considered willful misconduct if it’s clear it violates company policy.

OK to take your time probing misconduct–that won’t affect unemployment claim

10/27/2012
Good news for employers that hold off on firing an employee for an act that would otherwise be willful misconduct, making the employee ineligible for unemployment compensation benefits. As long as you can explain why you delayed actually terminating the employee, she won’t receive unemployment benefits.

Worker fired for gross misconduct? No COBRA

10/24/2012
You can’t terminate em­­ployees just because they (or their sick dependents) increase the company’s health insurance costs. That violates ERISA. But remember, if you fire an employee for an unrelated incident of gross misconduct, the employee has no right to an ERISA claim, nor any right to buy COBRA continuing health insurance after he or she departs.

Focus on ability to perform duties if you worry worker may have mental or emotional problems

10/22/2012

What should you do if one of your employees seems to be having difficulty coping well at work? Start by not jumping to conclusions about his mental health. Instead, focus on behavior and document any apparent problems. Then, based on that observation, consider asking for a fitness-for-duty examination.

Supervisor deserves termination? Fire away–even if he’s a member of a protected class

10/22/2012
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.

Beware ADA lawsuit when firing worker who had previous workers’ comp claim

10/18/2012

If you know an employee has previously been injured at work and collected a workers’ compensation settlement, you may consider transferring him for fear he’ll hurt himself again. Resist that temptation. Taking any kind of adverse em­­ployment action could be construed as discrimination based on disability or perceived disability.

When disagreement turns to cursing and threats, feel free to terminate for insubordination

10/18/2012

Plenty of employees have chips on their shoulders. Some are hypersensitive to perceived slights and constructive criticism. Others get angry over minor problems. Acting out has long been regarded as insubordination and grounds for discipline, including termination.

Aggressive employee terrifies co-workers? Now that’s failing to meet expectations!

10/18/2012
You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.

No unemployment benefits if employee quit before you had a chance to fix problems

10/12/2012
In Minnesota, employees can sometimes qualify for unemployment compensation if they quit because they had to endure tough working conditions. But that’s only true if they let their employer know about workplace problems and the employer doesn’t respond. Simply walking off the job in anger doesn’t cut it.