Human Resources: Termination

Termination Main

Fantasy Sports Trade Association Defends Four Employees Fired By Fidelity Investments
The fantasy sports industry extends its support for employees fired for playing fantasy football; rejects company's assertion that fantasy sports is gambling

Unfair Competition
Tennessee Court of Appeals Holds At-Will Employee Can Be Forced to Sign a Noncompetition Agreement Upon Threat of Termination

WISCONSIN SUPPORTS EMPLOYERS’ RIGHT TO NON-COMPETE
Eugene Dal Pra was a route driver for Star Direct, a distributor of products to convenience stores, service stations, truck stops and the like.

Workers Who Lied About Violating Company Rule Fired, One Who Told Truth Keeps Job
You have several employees you've caught red-handed violating a company rule that your employee manual says may justify termination for a first offense.

SO YOU WANT TO KNOW IF YOU CAN FIRE THEM?
Perhaps the most frequent question we receive on the HR That Works Hotline is the one that produces the most fear in any manager or owner: "Can we fire this person?" Of course, what they really mean is, "If I fire them, can they sue me?"

Take Extra Care When Firing or Laying off Disabled Employees
As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? M. Lee Smith Publishers shares more.

Losing More Than Just an Employee: Protecting Confidential Information
How do you ensure that employees you are laying off take only their own belongings out the door? Ask employees that are staying with your company to sign confidentiality agreements as a condition of continued employment, says Rachel Blue. M. Lee Smith Publishers share her article.

Unforeseeable Circumstances Justify Layoff Without WARN Notice
The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers with 100 or more workers to provide 60 days' advance notice of a plant closing or mass layoff. As M. Lee Smith shares, sometimes employers are forced to layoff quickly and can't provide the proper notice.

Reductions in Force: What About Those Left Behind?
Practically no industry is immune to the recent financial pressures that have forced layoffs throughout the economy. Despite crunching the numbers and considering alternatives, often an employer is forced to conclude that layoffs are necessary to keep the business afloat.

The End of the Relationship
How do you end an employment relationship well? Christina Thacker shares her advice.

Laid-off Workers Win Some Discrimination Lawsuits, Lose Some
A case recently decided by the Tenth U.S. Circuit Court of Appeals, find out which employment discrimination claims survive and which don't. M. Lee Smith Publishers shares this report.

Downsizing: 7 Steps to Help Employees Cope
Layoffs affect more than those who have been let go. It's up to the HR department to make sure everything goes smoothly even those who are left behind. M. Lee Smith Publishers shares this article from Carol A. Hacker.

Avoiding Legal Pitfalls During RIFs and When Reducing Workers' Hours
If your company is considering reducing workers hours or pay or laying off employees, it's important to avoid legal pitfalls that could land your business in court. M. Lee Smith Publishers shares this report by John Vering.

Telecommuting Might Be The Answer For Workers Who Change Their Retirement Plans
Teleretirement. It has a nice ring, but will it really be the answer for workers who have to change their retirement plans? M. Lee Smith Publishers shares this article.

How do I Deal With a Disabled Worker's Attendance Problems?
How easy it for employers to terminate a disabled employee who has attendance problems? It's not easy. M. Lee Smith Publishers shares some answers.

As Nation is Flooded by Layoffs -- A Tsunami of Severance Packages Hits Career Protection®
We hate to say "we told you so," but Career Protection's Annual 2008 Layoffs Forecast was correct in its prediction of massive layoffs for this year. Over 1,375 corporate executives nationwide completed the confidential annual survey regarding reduction-in-force plans conducted by the employment law and human resources experts of CareerProtection®.com.

Tighter Rules on Damages in Wrongful Dismissal Cases
A new Supreme Court of Canada decision provides both relief and clarity for employers facing potential wrongful dismissal actions. Carole McAfee Wallace and Elisabeth Patrick explain.

Developing an Effective Drug Free Workplace Policy
It is now estimated that 50-75% of medium to large US companies have some form of limited or comprehensive employee drug testing programs. Peter N. Cholakis shares more.

Employer Unemployment Compensation Victories
Is it possible that an employer can win an unemployment compensation case? The law firm of Hanft Fride says there is hope.

The Scent of Disability Discrimination
A sensitive nose versus a Pennsylvania organization... in a court of law, it was the sweet smell of success for an organization accused of failing to accommodate a disability. M. Lee Smith shares the story.

No Pay For On-Call Time
Service technicians who are required to be on call at times are not entitled to overtime. Kathleen Bray of Hanft Law explains.

Warn Employees Before Plant Closing or Mass Layoff
A reminder for companies about to layoff employees. . . some governments require 60-day advance written notice to employees. Kathleen Bray and Hanft Law explain.

How to Survive the Post-AJB Environment: Using Technology to Remain OFCCP Compliant
With the recent phase out of America’s Job Bank, many employers are left wondering, “Without a federally-funded job board, how will I remain OFCCP compliant?” To answer this question, Chad Sowash of Direct Employers joined by Andrew Curtis, iCIMS’ Director of Account Services, will address compliance issues and demonstrate the proper strategies for posting, tracking and reporting on jobs and candidates. Join us in this exclusive exploration of the post-AJB environment, and learn how to use the appropriate technology to streamline recruiting efforts and remain OFCCP compliant.

Conducting Exit Interviews
Terminations are always difficult, but when handled properly you can avoid a host of potential problems, says Susan L. Maupin.

From The Poker Table To The Boardroom Table
They know when to hold them and when to fold them. HR and poker may not have much in common, but there are lessons HR pros can take away from the poker table.

Court Holds Full Disclosure Must Accompany Reduction-In-Force Waivers
The Tenth Circuit recently held that a release of claims was not effective under the Older Workers Benefit Protection Act (OWBPA) because the release contained inaccurate information regarding the group of employees subject to a Reduction in Force (RIF); The Keller And Heckman LLP Employment Law Alert.

China HR Webcast
With its rapidly expanding economy, China has continued to be a hotspot for manufacturing products at lower costs.

No HR professional wants to hear the dreaded L-word — Layoffs
No HR professional wants to hear the dreaded L-word — Layoffs — but withmore than 100,000 job cuts planned for the U.S. work force,you can't afford to be ill-prepared.

Rotten Apple Syndrome
Some employees use the workplace as a way to get the attention they do not receive in any other venue, writes Kathleen Dodaro.

Flash Flood Warning: After the Early Raine Decision this Year, Employers´ Are Creating a Weather System That Forecasts a Hurricane
After the Raine v. City of Burbank decision earlier this year, Employers´ are creating a weather system that will create a storm that could produce massive flood of claims, unless they accommodate the levees to avoid a break, writes Elizabeth A. Moreno.

When Discretion is the Better Part of Valor
The decision to fire an employee should be made only after you have reviewed all possible claims that he may file and you're comfortable that your decision is supported by the available information; from M. Lee Smith.

Business-Programs.com Suggests Need for Trained Human Resource Professionals
A recent report generated by educational resource Business-Programs.com revealed that "how to fire someone" is the number one topic for the Web site from January to August 2006. With Ford, Kodak, Qwest Communications, and AOL making significant cuts in employment this year, the importance of knowledgeable and qualified human resources people to properly and legally terminate employment is escalating.

Joan Lloyd's HR Words of Advice: Hello, Goodbye
Last night I came home to find a message on our answering machine from my husband´s supervisor, advising they had made some significant changes to the project, and he is no longer needed for this project.

Opening the Floodgates, High Court Rules Retaliation Claims Must Be Considered
This case-by-case approach seems destined to cause considerable employer heartburn and second-guessing of many employment decisions; from M. Lee Smith.

Handling Employees Who are Hard to Handle
Every employer has problem employees. In many situations, however, you can't just fire troublemakers no matter how tempted you might be to do so because that would create undue legal liability for your organization; from M. Lee Smith.

Retaliation? Well, It Depends...
On June 22, 2006, the United States Supreme Court addressed the issue of retaliation for exercising rights under Title VII in Burlington Northern & Santa Fe Railway Co. v. White. Amy Nickell Jacobs explains the significance of the judgement.

Court Holds Full Disclosure Must Accompany Reduction-In-Force Waivers
A federal court of appeals recently ruled on whether an employer's waiver and release, associated with a reduction in force, should be enforceable under the Age Discrimination in Employment Act; from Keller and Heckman, LLP.

If Injury Goes Beyond Insult: Defining Workplace Retaliation
In April the Supreme Court heard arguments in the case of an employer accused of retaliating against a worker who complained of discrimination. Lyle Denniston reports on Veritude´s Workforce Insights how the court is expected to clarify the standard of proof for retaliation.

Accrued Sick Leave and FMLA
In a recent 8th Circuit Court of Appeals decision, the Court held that an employer did not improperly terminate an employee at the end of the 12-week FMLA (Family Medical Leave Act) period, despite additional sick leave available to the employee. From Kathleen Bray.

Why put off what can be documented today?
Several steps managers and HR personnel should consider to minimize the likelihood of having to choose between continuing to employ poorly performing employees or risking being at the wrong end of a judgment in favor of the same employees who look fine on file.

Handling Employees Who are Hard to Handle
Trouble employees - everyone has them. Employers are constantly faced with situations in which employees create unnecessary problems in the workplace; Workforce Q&A from M Lee Smith.

Does a release help?
M Lee Smith's Legal Q&A: Our company is currently reviewing its termination policies. Should our company attempt to obtain a release of liability at the time it terminates an employee?

Employment At Will A Myth In Todays Litigious Workplace?
Broad protections afforded by 'employment at will' doctrine under legal challenge, reports recent edition of the sharedHR Bulletin.

Waterford Career Partners Half-Way Through Study
Waterford Career Partners reaches the mid-point of their six year study on the best practices by their clients in handling the termination of non-causal employees.

Employee Termination 101
If an employee quitting would relieve, rather than upset, you, why is that person still there? asks Don Phin.

Legal Guide to California Employee Rights After Termination
Fair Measures, Inc. has created a new legal guide for California Employers about employee rights after termination. This comprehensive, easy to follow guide was created by California attorneys and can be purchased from the Fair Measures website.

Employment At Will' A Myth In Today's Litigious Workplace?
Broad protections afforded by 'employment at will' doctrine under legal challenge, reports latest edition of the sharedHR Bulletin

D-O-C-U-M-E-N-T
Whenever you go to a program on employment law, the presenters probably emphasizes the importance of documentation. Mary Anne Q. Wood has summarized what you need to know about when and how to document.

Trials Can Be Won Before They Begin
Trial provides the wisdom of hindsight, and that hindsight is invaluable. Here, then, are some thoughts on things we wished clients had done that would have made their trials a lot more defensible; from M Lee Smith.

Doing the Separation Cha-cha
It's often the small things that matter. And that's especially true when ending the employment relationship with an employee. Here are some developments and some thoughts on how to make your procedures better and stronger; From M Lee Smith.