Terminations

Note exact date and time of firing decision

12/10/2019

If the employee brings up some form of discrimination to establish that she engaged in “protected activity” and claims the discharge was retaliation for her complaint, you can show that’s not possible because you made the decision before she complained.

Snapshot: Emotions triggered by terminations

12/03/2019

According to a recent poll, 61% of people who had been fired believed their terminations were unjustified.

Mere threat of discipline is no reason to quit

11/30/2019

Employees who quit can still sue their employers just as if they had been fired for an unlawful reason—under very limited circumstances.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019

If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Don’t delay: Act on termination decision ASAP

11/25/2019

When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.

Discover wrongdoing during FMLA? Fire away

11/14/2019

It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Superstar won’t behave? Feel free to fire

11/07/2019

Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.

RIF didn’t achieve business goals? OK to repost jobs that were previously cut

10/04/2019

If you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

Firing for vacation during FMLA? Hit ‘pause’

09/19/2019

Even if it appears that an employee is misusing his FMLA leave, you must make discipline or termination decisions based on a rational review of the facts, including the doctor’s certification.

Cite poor performance to justify termination

09/13/2019

Smart employers always document poor performance with specific examples. That way, you have a ready defense for just about any surprise discrimination lawsuit.