Firing

You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.

You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment. Be prepared to show exactly why you terminated him.

Employers have the right to expect their employees to be honest. When an employee is fired for lying about being sick and missing work, the employer won’t be liable for unemployment compensation payments.

When supervisors act out of anger or ignorance, the result is seldom good.

Never automatically assume an employee who is performing well is disabled—even if you observe what you think are signs of a disability. It could mean losing big if the employee sues.

Employers can’t fire employees for refusing to engage in criminal acts. But that doesn’t mean em­­ployees can proclaim “That’s illegal!” and expect to get away with what is really insubordination.

The Texas Supreme Court has handed an important victory to Texas employers eager to avoid jury trials for employment disputes: It ruled that, as long as the employees are at-will workers, threatening to fire them for refusing to give up the right to a jury trial does not invalidate the agreement.

In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.

Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.

In Minnesota, employees who suffer from a serious illness can still collect unemployment compensation if they ask their employers for an accommodation. If none is available, then the employee can collect benefits if he can’t work. But employees must tell their em­­ployers about their medical condition.