TERMINATIONS

Appeal of firing doesn't give worker more time to sue

03/03/2015
Employees who use a post-­termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.

Employee fired via Twitter--before she even starts

02/24/2015
The day before a Texas woman started her new job, she tweeted a rather profane opinion about it—and even threw some sour emojis into the mix. Guess what happened next.

Pick one good reason to justify firing

02/18/2015
A poor performer may disappoint on many levels, doing lousy work and failing to get along with others … harassing co-workers and fudging time sheets. While you should document all the problems, you don’t have to cite every one when you terminate the employee. Pick one and stick with it.

No cooperation? Start progressive discipline

02/09/2015
Some employees have such a chip on their shoulders that they balk at work that falls outside their usual duties. When lack of cooperation crosses the line into insubordination, it’s time to implement your progressive discipline system.

Gov't employers must offer pre-termination hearing

02/02/2015
Public employees can’t be terminated without a pre-dismissal hearing of some sort, to give the employee an opportunity to learn why she’s being fired and a chance to speak up. The hearing doesn’t have to be formal, but simply firing the worker without explanation isn’t an option.

What notice must I give California employees upon termination?

01/26/2015
Q. As a California employer, what forms and notices am I required to provide to employees I discharge? Also, are the forms and notices due immediately upon termination?

Feel free to discipline--or fire--disabled worker who disrupts and threatens co-workers

01/26/2015
Don’t let a disabled employee get away with behavior you wouldn’t tolerate in other employees. There’s no reason to put up with threats and intimidation.

You don't have to wait for prosecution: Go ahead and fire violent worker

01/22/2015
Has an employee been arrested for threatening behavior involving a co-worker? You don’t have to wait for the criminal trial and conviction to discipline the employee. You don’t even have to reconsider if police drop the charges. What matters is that you have an honest belief the worker broke company conduct rules—even if you end up being wrong.

After firing, can you erase a worker's phone?

01/15/2015
Employees are increasingly using their personal smartphones for work purposes. But when employees depart, those phones may contain a wealth of confidential company data. What to do?

Firing right after EEOC complaint? That's an invitation to trouble

01/06/2015
If you happen to make the final termination decision immediately after an employee files an EEOC complaint, timing alone may be enough to send the case to trial.

No such thing as too many reasons to fire

01/05/2015

Sometimes, employers make mistakes and fire employees for a reason later deemed illegal. But if that same employer finds evidence after the fact that would have supported the termination decision on its own, that may serve as a get-out-of-jail card.

Discrimination: Title VII

01/04/2015

HR Law 101: Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers on the basis of race, color, religion, sex or national origin. An array of federal and state laws further refine the definition of discrimination ...

Sex Discrimination

01/01/2015

HR Law 101: Sex discrimination and sexual harassment are illegal under Title VII of the Civil Rights Act. The law requires that employers treat male and female workers equally in all terms and conditions of employment ...

Fire at Will Doctrine

01/01/2015

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...

Insubordination is grounds for denying unemployment

12/24/2014
Employers can terminate employees for insubordination, and that can include walking out of meetings to discuss performance issues. In turn, being insubordinate can mean denial of unemployment compensation.
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