TERMINATIONS

Workers less worried about losing their jobs

09/09/2014
Fewer than one in five U.S. full- and part-time workers are worried that they will be laid off in the near future, according to a new Gallup poll.

No, employees can't sue employers for being 'unfair'

09/02/2014
Sometimes, it seems as if anybody can sue their current or former em­­ployer and get a day in court. It’s true, anyone is welcome to fill out the blank complaint forms that courts make available to the public. But spurious complaints like this one are usually quickly dismissed.

'Crimson Tide fan' not a protected minority in Texas

09/02/2014
A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium.

Protect against e-sabotage by ex-employees

09/02/2014

News that they’re being fired could turn any employee into a disgruntled one. When terminating, guard against IT sabotage by heeding these tips

If fired employee was truly awful, do I still have to give him final wages?

08/29/2014
Q. I just fired one of my employees for his constant tardiness. Because it is currently in the middle of a pay period, the employee has some wages due to him. When must I pay him these wages, and am I even required to pay him? I mean, I did fire him for being a terrible employee.

Must you have 'absolute proof' of harassment before terminating?

08/22/2014
Employers don’t need to worry about establishing an airtight case against an employee who har­asses a co-worker. HR investigations aren’t held to the “beyond a reasonable doubt” standard of a court.

Put details in performance improvement plan

08/18/2014
You can’t prevent every lawsuit over a discharge, but you can be prepared. That preparation includes making sure you can point to solid, performance-based reasons for every termination. Lay the groundwork first with a performance improvement plan (PIP) and you will be well on your way to showing the court your decision was based on objective, measurable business reasons rather than some kind of prejudice or discrimination.

RIF that shows racial disparity spells trouble

08/14/2014
Sometimes, business conditions require companies to implement reductions in force. Before you put your HR seal of approval on who stays and who goes, be sure that hidden discrimination isn’t influencing the decisions.

Disability accommodation isn't working? It's OK to fire if employee can't do the job

08/07/2014
Sometimes, a disabled employee simply cannot perform his or her job to the standards you legitimately expect. If you make reasonable accommodations and work with the employee to find a way for the employee to successfully perform the essential functions, you have done all you are required to do.

You lost me at 'Hello'

08/04/2014
It may have been one of the worst layoff memos of all time. After beginning with a breezy “Hello there,” Microsoft honcho Stephen Elop’s July 17 all-staff email stumbled obliviously downhill.

What employee thresholds trigger need for notification of plant closings?

07/31/2014
Q. I am the owner of several industrial facilities, but recent financial crises have forced me to have to shut down two of these plants. These closings and subsequent layoffs will affect about 600 employees. Am I re­­quired to notify the employees before laying them off?

Don't tolerate threats and angry behavior

07/31/2014
Sometimes, workplace relationships deteriorate beyond repair. That’s especially true if an employee resorts to angry outbursts or even threats. That’s when it’s time to act.

Outrageous employee behavior? Don't fear quick-trigger discipline

07/30/2014

When faced with misbehaving employees, HR people are always counseled to avoid quick firings and hold tight to the three D’s—document, deliberate and decide. But some workplace behavior is so outrageous that employers must take immediate action.

OK to fire for Facebook complaint about work?

07/23/2014
Q. One of my employees recently made a post on Face­­book expressing his dissatisfaction with his job. In the post, he talked about being paid too little for the amount of work he performs, and that the whole office needs renovating, claiming, “rats don’t even want to work there.” Can I fire him for this, or at least discipline him?

When terminating for insubordination, thwart lawsuit by lining up witnesses

07/18/2014

Always document (in great detail) the incident that prompted a firing. Also, gather as many eye­­witness accounts as possible. More witnesses equal a better foundation for your case.

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