Tag: termination of employment

Case Study: Can Joy at Employee Firing Be Evidence of FMLA Violation?

Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. In deconstructing the appeals court’s opinion, we see how judges—like each and […]

Knowing When It’s Time to Part Ways: Employee and Contractor Termination Protocols

Termination of employment is an inevitable part of business operations. Whether it’s due to performance, company restructuring, or behavioral concerns, letting an employee or contractor go is never an easy decision. Yet, it’s essential for the overall health of the company. In this article, we delve into understanding the signs that indicate it’s time to […]

Ask The Expert: Employee Arrested? Now What?

Q: One of our employees has been arrested but not convicted. It doesn’t appear he’s going to be released in the near future. Is it better to put him in an unpaid “leave” status or fire him? A: Whether an employee who has been arrested should be terminated or placed on unpaid leave depends on the […]

Don’t Get Bit by COBRA When Employees Leave

The Consolidated Omnibus Budget Reconciliation Act, which stands for COBRA, has been around for a long time. Still, it remains the source of thorny compliance problems and a fertile ground for litigation. The sheer complexity of the COBRA scheme, and the timing issues involved, can throw off even the most diligent and conscientious employer. COBRA […]

It’s Important that Employees Know Who Can Fire Them

Employers frequently use lead persons who aren’t supervisors with the authority to fire employees. However, problems can arise when employees believe such leads can fire them. A recent case before the Arkansas Court of Appeals illustrates this problem. Background In an unbriefed appeal to the court of appeals, Erin Daniels challenged the Arkansas Board of […]

Case Study: Employee Can’t Show Firing Was Because of Her Gender

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there are times when an employee’s evidence of pretext falls short. A recent case from the U.S. 4th Circuit Court of Appeals is a […]

Why Mass Layoffs Pose Insider Risks and How Companies Can Protect Themselves

The last year and a half has brought unusual mass movements of people leaving and entering the workplace. Trends have included record breaking resignations, quiet quitting, and most recently, layoffs across industries including tech, financial services, food and beverage, and media. These shifts have led anxious employees to the latest trend of “career cushioning” – […]

Pause and Think Before You Terminate Employees

While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing more discrimination claims following terminations.

Lessons on Accommodating Anxiety Disorders

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by pretending to plan an elaborate birthday party for him, and he has a meltdown. The […]