TERMINATIONS

Can we refuse to pay out accrued vacation if employee suddenly quits?

03/23/2017
Q. Our company policy is not to pay an employee for unused vacation time if the employee resigns without giving the required two weeks’ notice. A former employee has challenged this policy and is threatening to take the company to court. Is this policy lawful?

Do we have to keep job open for Minn. employee on extended jury duty?

03/23/2017
Q. We are a small business and cannot afford to have employees out for extended leaves. One of our employees will be on jury duty for a trial that we’re told could continue for at least a month. Do we have to keep her job open to her when the trial is over?

You don't have to offer reason for discharge

03/23/2017
Sometimes, if you want to help a terminated employee move on to better opportunities, it may also make sense to not offer a reason for the discharge, especially if stating the reason could interfere with his or her job hunt.

It's OK to fire staff who protest taxes, file false W-4

03/16/2017
Consider a policy that allows for terminating employees who file false W-4s.

Zero-tolerance policy OK if evenly enforced

03/15/2017
A zero-tolerance policy regarding violence is usually fine. However, you must be prepared for a lawsuit if one of the people disciplined has previously complained about some form of discrimination.

Sudden business reversal means WARN Act notification requirements don't apply

03/07/2017
The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees 60 days before closing down or conducting a mass layoff of 50 or more workers. However, there are exceptions.

One worksite or more? It matters for WARN

03/07/2017
The more centralized the management and direction and the more equipment and staff are shared between locations, the more likely a court will consider the separate locations to be part of the same operation.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

Termination? Consider offering severance in exchange for waiving right to sue

03/03/2017
Just letting an employee sign a resignation letter instead of being terminated won’t always prevent her from suing you.

Last chance agreements make firing safer

03/03/2017
A last chance agreement can help solidify a termination because it puts the employee subject to the agreement on different footing than other employees.

Before you fire, consider records you will need if sued

02/17/2017
Whenever you fire someone, consider that he or she might sue you. Be prepared to show that the employee’s punishment was comparable to that of other employees who broke the same rule.

Willful misconduct bars unemployment

02/17/2017
An important reminder: Willful misconduct can bar a former employee from receiving unemployment benefits.

Lie on application? No unemployment benefits

02/17/2017
Employees caught lying on their employment applications about their educational level may not be entitled to unemployment compensation benefits.

3rd Circuit on RIFs: ADEA lets subgroups of older workers bring class-actions

02/01/2017
The 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.

Be sure you can document why you fired 'good' worker

01/23/2017
Think twice before terminating a worker who has earned consistently good performance reviews.
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