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Terminations

Questioning employees? Avoid ‘imprisonment’ charge by ensuring they know they may leave

01/09/2012
It may sound silly, but there’s a very practical reason to be careful when questioning employees during an investigation: Some especially sensitive people may feel they are being held involuntarily—and sue for false imprisonment.

Make termination decisions stick by documenting discipline at the time it occurs

01/09/2012

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

No real effort to improve? It’s time to fire

01/09/2012
Some employees don’t take direction well. One approach turns such employees around: Insist that the employee sign on to a performance improvement plan. If he refuses to cooperate, document that refusal. You can then safely terminate the employee for insubordination.

‘Cross-burning’ teacher files another appeal

01/06/2012
An Ohio science teacher who unsuccessfully sued to win back his job after being fired for branding a cross on a student’s arm and proselytizing his Chris­tian beliefs in the classroom has filed an appeal in federal court.

In RIF, use same criteria you use for hiring

01/06/2012

Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.

Can employees have fun while on FMLA leave?

01/06/2012
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?

Ex-NBA cop claims firing was retaliation

01/05/2012

Looks like the National Basketball Association will make up for time lost to the lockout by playing on both the basketball and legal courts for the next few months. A former NBA security official claims his firing last summer was retaliation for reporting sexual harassment incidents.

Lawsuit against theater says bias was all in the family

01/05/2012
To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes, who managed the Carmel Cinema in Putnam County, didn’t have to look far to find her replacement. It was her daughter.

$16M suit could require lots of cuts for trendy NYC salon

01/05/2012
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!

Use consistent hiring, firing processes to knock down age discrimination claims

01/05/2012
Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.