All posts in Firing

terminations

Terminations – Garden Leave’s Little Secret – It’s Not Very Enforceable

Terminations with Garden Leave – Here’s 18 Smart Steps to Guide You

By Alan L. Sklover

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terminations

Terminations – When It’s Time to Let an Employee Go

Small business owners should add terminations to their list of management training priorities.

By Michael Essany

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reinstatement

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…

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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…

Severance Packages at www.hrgazette.com

Employment At Will: The Most Misunderstood Workplace Principle

By 

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…

The Wrong Way to Fire Somebody at www.hrgazette.com

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…

Social Media Break Abuse @ www.hrgazette.com

Exit Management: How to Leave a Job With Your Personal Tech Intact

(Editor’s Note:  HRG usually includes articles from the employer’s or HR’s point of view.  This excellent article by Mary K. Pratt from PC World, is an excellent example of how the employer and employee work together to untangle tech at the point of departure.  Mary Wright, Editor)

By Mary K. Pratt, Computerworld

The ability to transition ethically and legally from one job to another has always been something of an art.

Now, in these days of personal gadgetry and social media mania, it’s become infinitely more difficult moving from old employment to new. Today’s job changers must figure out how to untangle personal information and unplug personal electronics from company property. And the lines aren’t always clear. Read more…

How to Fire an Employee at HRGazette.com

Exit Management: Steps in Handling Employee Resignations

By Michael D. Haberman

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.
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Workplace Stress at hrgazette.com

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…