Firings and Terminations

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    How an employee termination or layoff is handled on the front end can make all the difference in how the separation actually takes place. A well-executed, carefully planned termination can minimize problems and legal risks. A poorly executed, shoot-from-the-hip approach, on the other hand, can cost an employer dearly in terms of...

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    The idea behind a severance agreement is that the employee agrees to take something of value to which he is not otherwise entitled — additional compensation, benefits, or other “in kind” consideration — in exchange for agreeing not to sue you. Unfortunately, even a totally justified, squeaky-clean termination isn’t...

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    When an employee unexpectedly resigns or you have no choice but to fire her on the spot, you must be prepared to dole out the final paycheck because the clock is swiftly ticking under your state’s applicable laws. It’s important to be prepared with a game plan on how you’ll handle issues related to the final paycheck and the...
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    Whether it's a sudden resignation or a zero-tolerance immediate discharge, the clock is ticking on the employee's final paycheck. And if you get it wrong, you can face stiff penalties under California's Labor Code. You also need to make sure you're prepared for other various “last pay” considerations, including severance and...
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    One of a manager's least favorite jobs is disciplining employees. The issue is so disliked that many will put off the meeting as long as possible, or even forget the transgression happened in the first place. Such avoidance can only hurt your employees and your organization in the long run. You must have an effective discipline and termination...
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    Deciding whether to terminate an employee who is on Family and Medical Leave Act (FMLA) leave is always a touchy issue. To learn about a Texas employer that threaded the eye of that needle, read on. Leal takes FMLA leave Karen Leal worked for BFT in Houston. BFT sells business products through catalogs and phone orders, principally through its...
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    by Dinita L. James Media giant Gannett Companies finds itself defending a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) because it terminated an employee who had "unusual communications" with her managers while she was out on medical leave. Let's take a look at the case. Background Robin Parker-Garcia worked as an...
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    Q: We have an employee who has requested FMLA leave so he can get treatment for his alcoholism. He has stated that he will be required to do some jail time in addition to getting treatment. My understanding is that the time missed for treatment is covered under the FMLA, but time spent in jail is not. He has used up all his vacation and sick time...
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    Employers frequently struggle with the issue of what steps they can take to keep track of and manage their employees' use of FMLA leave -- especially when the employee has chronic attendance problems. Although employers are generally allowed to adopt various policies and procedures beyond what is spelled out in the regulations, those policies can'...
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    It should come as no surprise to most HR professionals that the FMLA can interact with other federal (and state) employment laws in many complicated and unexpected ways. The most visible of those laws is the ADA, as demonstrated by the sizeable percentage of our articles that address the overlap between that law and the FMLA. Other, less obvious...
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