Tag: termination

June 3, 2022

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 […]

March 23, 2022

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 […]

January 4, 2022

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 […]

December 13, 2021

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 […]

November 29, 2021

Employment decisions can be difficult. Which applicant do we hire? Should we grant this employee’s request for leave? What type of discipline do we impose on a particular worker? Each decision carries varying degrees of risk. One of the riskiest […]

October 29, 2021

Along with a new wave of post-COVID-19 litigation surfacing across the country, the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had asked […]

October 28, 2021

A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are consistently applied. […]

October 21, 2021

Although most employers were hesitant to implement vaccine mandates after the initial rollout of the COVID-19 shots, the still-surging pandemic (driven by the highly contagious delta variant) has caused many companies to rethink their position. Exemptions may be available, however, […]

October 11, 2021

The Iowa Supreme Court recently issued important decisions about the state’s private-sector drug-free-workplace statute. Iowa Code Section 730.5 is a complex statute containing numerous application pitfalls for employers. Read on to learn more about the consequential case. Facts Four employees […]

September 27, 2021

Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA). Facts University Manor staffs […]

September 14, 2021

A former employee has a right to depose the executive vice president (VP) of HR in an Americans with Disabilities Act (ADA) discrimination case when the VP was the decision-maker for the employer’s benefits plan, ruled the 11th U.S. Circuit […]

April 9, 2021

If a terminated employee signs a contract releasing all claims against you, she can’t sue you, right? Wrong. A new Missouri Court of Appeals decision illustrates the effect a mutual mistake by the parties can have on the enforceability of […]

June 15, 2020

Understanding the effects from the first few months of the pandemic can be valuable in helping understand what will happen next. A recent report sought to understand turnover and hiring trends for the month of May. The report, called “COVID-19 […]

May 13, 2020

In fall 2018, Dutch media personality and self-proclaimed “positivity trainer” Emile Ratelband garnered worldwide attention after petitioning a Dutch court to change his age by 20 years. Ratelband was born in 1949 and wanted to change his year of birth […]

November 26, 2019

Part of ordinary business operations involves letting employees go. How you let them go and, perhaps more importantly, how they feel about being let go can have a large impact on what happens next. You don’t have to be an […]

February 13, 2019

When I train about sexual harassment or discuss it in a class, one area I mention is that companies can be liable for harassment from a nonemployee. The example I give most often is a delivery person who “flirts” with […]

January 13, 2017

Wal-Mart has announced big layoffs at its headquarters, many of them in HR, following its commitment to raise wages at its stores. SHRM Online has reported on the push to raise wages for low earners and on the trend toward […]