While employers have an obligation to offer reasonable accommodations to help employees who are disabled, it doesn’t follow that disabled employees can keep their jobs if they simply can’t get work done. But termination often causes a disability discrimination lawsuit. Be prepared to show exactly how poor the employee’s performance really was.
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!
When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72. Now she is suing the borough for age discrimination.
The HR office is often the place where a lawsuit can be prevented. That’s why HR pros must make sure every discharge or other adverse employment decision (demotion, pay cut, etc.) can be successfully defended. Be especially careful if you’re asked to approve a decision that comes closely on the heels of a discrimination or harassment complaint.
Like many municipalities, the city of Latrobe is struggling with falling revenue. City Manager Rick Stadler attempted to address the city’s shortfall by eliminating six clerical positions, while the Office of City Administration cut two staffers. Now all eight employees have requested an EEOC probe into the terminations to determine if they violated anti-discrimination laws.
Some employees are difficult, always skating on thin ice. They’re disruptive, don’t listen to directions and pretty much do whatever they want. Even so, employers often hesitate to fire such troublemakers if they’ve recently requested FMLA leave or claimed to be disabled. Don’t be manipulated into keeping those bad apples.
In a victory for employers, the New York Court of Appeals has limited the reach of both the New York state and New York City human rights laws. The issue arose when Manhattan-based Parade magazine terminated Howard Hoffman, who claimed he was fired because of his age.
Sometimes, you don’t know how lousy an employee was until he or she is gone. That may be when you find out about missing work, or even missing money. Or you may discover that the employee was essentially dishonest. If that’s the fact, promptly document what you discovered—just in case there is a later lawsuit.