Terminations with Garden Leave – Here’s 18 Smart Steps to Guide You
All posts in Firing
Terminations – When It’s Time to Let an Employee Go
Small business owners should add terminations to their list of management training priorities.
NLRB – Reinstatement – Employee Fired over Facebook Post Reinstated with Full Back Pay by NLRB
Via JD Journal
On Thursday, last week, the National Labor Relations Board ruled in favor of an employee fired by his company over making a Facebook post on working conditions. In the decision given on May 2, the administrative law judge presiding on the matter ordered reinstatement with full back pay. Read more…
Firing – Exiting Gracefully: The Termination Letter
By Julie Brook
Exits from a job can be graceful, as in Groupon CEO’s Departure Memo, or contentious. From the employer perspective, getting the termination letter right will go as long way toward protecting rights and ratcheting down emotion. Read more…
Employment At Will: The Most Misunderstood Workplace Principle
Most Americans have a general understanding of the “employment at will” doctrine. They understand that it means that they are not guaranteed employment for any specific period of time.
In general, and at least intellectually, they understand that they can be fired at any time, and for any reason.
However, it is my experience that folks do not know what that overriding principle, that one can be fired at any time and for any reason, truly means and how it plays out in the workplace.
In order to truly understand this principle, it is helpful to examine workers who are not at-will employees. We will look at the three most common-type employees, from most populous to least. Read more…
Workplace Investigations: Employee refuses to cooperate with internal investigation? That’s a firing offense
Just as employers have a responsibility to investigate allegations of wrongdoing, employees have an obligation to cooperate with internal investigations. Refusing to do so can be grounds for termination.
You can make such a dismissal stick if you inform employees of their obligation to cooperate at the time they are hired. Read more…
Exit Management: Steps in Handling Employee Resignations
A small client asked me the other day “What do you do when someone resigns?” For someone who has been in HR for a long time you just don’t think about that anymore, you just do it. But the question made me think that they may not be the only company out there that has not really dealt with resignations. So here is some guidance on the steps needed in handling employee resignations.
Read more…
The Ninth Circuit Addresses What Constitutes an Adverse Employment Action
By Morin Jacob
Determining what constitutes an “adverse employment action” is critical when an employee sues for retaliation and/or discrimination. In order to be able to sustain a claim for either retaliation or discrimination, an employee must sufficiently prove that he/she suffered an adverse employment action. This issue was recently addressed by the U.S. Ninth Circuit Court of Appeals in an unpublished decision that reiterates the legal standard for assessing whether an employment action is “adverse.” Read more…










