When a supervisor allegedly harasses a subordinate, all kinds of things can go wrong. But handled improperly, all fingers often point to employer liability. That’s why it’s vital to act quickly on any subordinate complaint.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
Offering an employee a severance payment in exchange for releasing any legal claims won’t be used against you. Courts want to encourage dispute settlement—and if severance offers could be used against employers later in court, cases would rarely be settled.
Sometimes, you have to take a chance on a job applicant because the candidate pool isn’t filled with as much talent as you would like. Everyone knows picking a marginal candidate can turn out to be a mistake. If you find you have to terminate such an employee, have the same person who made the hiring decision also make the termination decision. That reduces the chance of a costly discrimination lawsuit ...
Employees who sue for discrimination have to come up with some evidence before the case can advance beyond the initial stages—and before it gets progressively more expensive for employers paying the legal bill. Employers that fight back right away with statistics showing there was no discrimination can save big bucks in the long run.
If you pay commissions under a written compensation plan that covers commissions earned only while the employee works for your company, be careful how you handle terminations—and discussion concerning payment of further commissions. In some circumstances, you could inadvertently create additional liability for unpaid commissions ...
Employees sometimes assume that if their employer approves a request for disability leave, they must be disabled and are therefore entitled to reasonable accommodations when they return to work. That’s simply not the case. Many times, what’s called “disability leave” is really FMLA leave, based on the employee’s serious health condition. But those conditions are frequently temporary and wouldn’t qualify as a disability under the ADA.
University of Alabama Professor accused of fatally shooting three colleagues and wounding three others. Last week's headlines of the newest workplace shooting serve as a stark reminder to employers of their legal obligations to ensure their staff is safe and free from violence — but how?
A new law enacted late last year extends the “temporary” FUTA surtax for 18 more months. Undoubtedly, we haven’t seen the last FUTA surtax extension from Congress. But with a few smart moves, you can lower your state unemployment tax rate. This will save you money over the long run—whether or not the federal surtax is extended again and again. Here are six ways to keep unemployment tax costs under control:
Q. We have an employee who has declined to cooperate in a workplace investigation into an issue that could threaten our company’s operations. Can we terminate the employee for insubordination?
It’s time to take a fresh look at the health questionnaires you hand out to employees as part of your wellness program. New federal regulations that prohibit discrimination against people with congenital medical conditions mean employers and health benefits providers must immediately review health risk assessments (HRAs) to make sure they don’t ask employees to reveal protected information.