Tag Archives: Termination

Neo-Nazi in Your Workplace? Tread Carefully Before Taking Action

Neo-Nazi
We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity. In the aftermath of this month’s events in Charlottesville, Virginia we are likely to see additional rallies, in which designated hate groups participate, as well as counter-protests. What can an employer do if it learns that … Continue reading this entry

Being Untruthful About the Reason for a Termination Can Get an Employer in Hot Water

Termination
We have written in the past about how important it is for an employer to be accurate in articulating its reason for terminating an employee.  For example, if an employer is terminating an employee for poor performance, the employer should say so, and not try to characterize the termination as a job position elimination.  If … Continue reading this entry

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

Fired
Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider terminating an employee who has filed a workers’ compensation claim.  For example, most states’ workers’ compensation laws impose penalties, either fines, jail time, or both, for … Continue reading this entry

Practical Tips for Maintaining Dignity during Termination Meetings: Everybody Wins

Termination
This past week, the nation was shocked with yet another senseless act of violence in the workplace. On Monday, a disgruntled former employee, walked into his former employer’s job site and killed 5 of his former co-workers before taking his own life.  No one would suggest that the employer could have done something differently to … Continue reading this entry

What Past Practice?? NLRB Overhauls Back Pay Formula

Joint Employer
The National Labor Relations Board (NLRB) has done it again. Over the last few years, the NLRB has provided no shortage of topics for us to discuss, because it has made no secret of its aggressive agenda to expand employee protections under the National Labor Relations Act (NLRA), making rules and issuing decisions in furtherance … Continue reading this entry

Fired For My Firearm? I’ll Sue!

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an employee: guns. Before terminating an employee for bringing one (or more) gun to work, make sure state law does … Continue reading this entry

Just Like Hollywood, Big Pictures are Best in Termination Decisions

A federal appeals court recently revived a former employee’s gender discriminatory discharge claim even though there appeared to be legitimate reasons for her termination. The decision suggests that employers take a big picture look at termination decisions based on a specific instance of misconduct rather than a more narrow view assessing the misconduct at issue … Continue reading this entry

Tips for Avoiding “Convincing Mosaic” of Discrimination

Discrimination
After retaining an employee through two year-long tours of duty in the Middle East and countless military drills amounting to 900 total days of absence, allowing the employee to modify her schedule to account for her military leave, and providing several accommodations when the employee returned from war diagnosed with post-traumatic stress disorder, you might … Continue reading this entry

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee unfairly “frames” a black employee and a supervisor then disciplines the black employee based on information provided by the racist employee, … Continue reading this entry

When Xs and Os Go Awry: Recent College Coach Lawsuits Emphasize the Importance of Good Contract Language Even for “Intramural” Employers

The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been an increasing number of controversies involving college coaches, which in turn have led to terminations and wrongful termination lawsuits. … Continue reading this entry

Lessons on Documenting Reasons for a Termination

In Weaver v. Netflix, Inc., a federal trial court rejected an Oregon employer’s argument that it terminated an employee for performance reasons and determined a trial was necessary to weigh the employee’s claims that she was terminated for requesting leave under the FMLA and its state law counterpart, the Oregon Family Leave Act . Though … Continue reading this entry