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Tag: termination


Communication, Development & Evaluation

Making Employee’s Intention to Quit Effective Immediately

March 3, 2023

Via: HR Hero

An employment relationship may be ended in a variety of ways with different legal consequences, so it’s important to accurately determine the method by which it’s terminated. An involuntary termination (i.e., the employee is fired) occurs when the employer decides […]


News

Fired Employee Didn’t Prove Age Discrimination or Retaliation

February 21, 2023

Via: SHRM

A longtime employee of an insurance company failed to show that his termination was the result of age discrimination or retaliation for expressing disagreement with the outcome of a sexual-harassment investigation, the 1st U.S. Circuit Court of Appeals ruled. The […]


Communication, Development & Evaluation

What to Include—and Not Include—in a Termination Letter

January 30, 2023

Via: SHRM

Following an employee’s policy violations, misconduct or substandard performance, you may conclude it’s time to send the worker a termination letter. How that letter is worded might save you a legal headache. “When involuntarily separating an employee, a termination letter […]


News

Former McDonald’s CEO charged for misleading investors about his termination

January 10, 2023

Via: HRD America

A former McDonald’s executive is in hot water once again. The Securities and Exchange Commission (SEC) has charged former company CEO Steve Easterbrook for making false and misleading statements to investors about the circumstances leading to his termination in November […]


Research

Employee Told to Retake Physical Fitness Test Could Proceed with Bias Claims

January 9, 2023

Via: SHRM

A doctor who brought sex and age discrimination claims against the U.S. attorney general because she failed an allegedly discriminatory physical fitness test that was a condition of her employment and was told to either retake the test, resign or […]


Communication, Development & Evaluation

Potential Costs Much Higher for Violating Labor Law

January 4, 2023

Via: SHRM

Under a new National Labor Relations Board (NLRB) rule, employers must compensate workers to make up for the direct consequences of unfair labor practices. This ruling could be expensive for employers, adding consequential damages to the board’s usual make-whole remedies. […]


Development & Evaluation, Engagement

Addressing the Quiet Firing Trend

December 28, 2022

Via: HR Hero

While the term “quiet firing” may be new – and chatter around the trend increases – the practice is an age-old tactic used to force an employee to eventually quit. A recent LinkedIn News poll with over 20,000 respondents revealed […]


News

Employee Asked to Choose Between Running for Office and Keeping His Job Could Sue

December 21, 2022

Via: SHRM

Abank employee running for a New York State Assembly seat who was asked to choose between running for office and continuing his employment with the bank could proceed with his lawsuit under New York law, a federal appeals court ruled. […]


News

Case Study: Court Razes Architect’s Failure-to-Accommodate Suit

November 21, 2022

Via: HR Hero

The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy. Facts In 2016, Lindsay Pope Brayfield & […]


Communication, Development & Evaluation

Avoiding the Rush to Terminate

October 27, 2022

Via: SHRM

One of the biggest missteps within many organizations is rushing to terminate an employee before the record is ready to support it. When the lawsuits inevitably pop up, employers suddenly realize they moved too quickly to separate someone’s employment without […]


Communication, Development & Evaluation

Age Discrimination: Third Circuit Confirms Age Is Just a Number

October 25, 2022

Via: HR Hero

On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show […]


Research

Discipline Notes Critical in FMLA Claims

September 19, 2022

Via: HR Hero

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could […]


Research

Court Restores Accommodation Claim for Employee with Pending Leave Request

August 30, 2022

Via: HR Hero

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from […]


Communication, Development & Evaluation

Make Time to Limit Liability for Layoffs

August 17, 2022

Via: SHRM

Layoffs open employers up to the possibility of lawsuits under a wide range of laws, including the Worker Adjustment and Retraining Notification (WARN) Act, state “mini-WARN” requirements and the Older Workers Benefit Protection Act (OWBPA). Nonetheless, employers can adopt some […]


Research

Tread Carefully When an Employee Gets Arrested Outside of Work

August 4, 2022

Via: SHRM

When an employee is arrested outside of work hours, it’s never welcome news, but there are some key do’s and don’ts for HR professionals to keep in mind. It’s not easy to find a balance between protecting the rights of […]


News

Gay Employee’s Failure-to-Promote and Termination Claims Dismissed

June 28, 2022

Via: SHRM

Conclusory allegations of gender discrimination are not sufficient to allow a plaintiff to survive summary judgment, according to the 6th U.S. Circuit Court of Appeals. In order to overcome a motion for summary judgment in a gender discrimination lawsuit brought […]


Communication, Development & Evaluation

Termination Tips for HR Practitioners

June 3, 2022

Via: SHRM

After your organization has made the difficult decision to fire or lay off an employee, less is often more when it comes time to deliver the news, some experts say. “The termination interview is not the time for discussion and […]


Communication, Development & Evaluation

Employee Fails to Prove Termination Was Pretextual

March 23, 2022

Via: SHRM

The 10th U.S. Circuit Court of Appeals upheld a lower court’s dismissal of an employee’s claims under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act, providing a number of steps an employer can take to […]


News

Immediate Termination Upon Return from FMLA Leave Suggests Retaliation

January 4, 2022

Via: SHRM

Evidence that an employee was asked several times to work during protected leave and was discharged immediately upon his return from leave was sufficient to overcome the employer’s motion for summary judgment on interference and retaliation claims under the Family […]


Software

New Technology Eases Employee Exits

December 13, 2021

Via: SHRM

The last thing Jennifer Bender thought she’d need to manage the offboarding process at her company was another HR technology platform. Yet when Bender, senior vice president of HR shared services for Change Healthcare in Alpharetta, Ga., decided to partner […]