Avoiding Termination-Based Lawsuits

During Hunter Lott’s speech, for his annual “Please Sue Me” session at the Society for Human Resource Management Conference and Exposition, he discussed avoiding termination-based lawsuits. 

Termination is not only hard on the fired employees, but also the managers.  Lott recommended a list of questions to keep everything in check and to avoid a hasty termination.

1. Was a specific policy violated and does the violation warrant termination?
2. Show me the policy!
3. Have other employees been held accountable to the same policy?
4. Can you prove the employee knew the policy?
5. Do you have confirmation that the employee did indeed violate the policy?
6. How did the employee react when confronted with the violation?
7. Has the employee complained of harassment or unfair treatment?
8. Has the employee recently filed a workers’ compensation claim?
9. Is the employee about to vest in certain benefits or involved in union activities?
10. Has the employee returned from, or applied for, military/medical leave?
11. Has the employee recently complained of company wrongdoing or a safety issue?
12. Are there any current grievances or complaints pending?
13. Were any promises made verbally, or in writing, to this employee by senior management?
14. Were any requested accommodations denied to this employee?
15. Is there evidence of discrimination based on age, sex, race, religion, national origin, disability or any other legally protected characteristic?

You should delay termination if ANY of these questions suggest a problem.

To evaluate your termination procedures, pull the last three terminations and check documentation. 

Recurring challenges… new COBRA rules?  FMLA intermittent leave?  Overtime?  ADA accommodation? Sexual Harassment?  Ect.?  HR.BLR.com is “everything in one website.”  This is a go-to reference for all your questions; the program is free of any costs or commitments!

Avoid Wrongful Termination Claims

Employers must be cautious when terminating employees. All too often, employers make poor decisions in their hiring and firing practices causing them to end up in court. Litigation is very expensive and at times, not affordable depending on the severity of the case.

Employers are prohibited from terminating employees in regards to Public Policy, Breach of Contract, Breach of Implied Contract, Breach of Covenant of Good Faith and Fair Dealings and Discrimination.

For example:

1.) Violation of Public Policy
- Terminating because an employee filed a Workers Comp Claim
- Terminating an employee for filing a complaint with OSHA, EEOC, and EPA….
- OR terminating an employee for “Whistle blowing”

2.) Breach of Contract
- Typically pertains to labor union contracts

3.) Breach of Implied Contract: Verbal agreements or implied guarantees
- Promotions, benefits, pay, etc

4.) Breach of Covenant of Good Faith & Fair Dealings
- Terminating an employee to avoid promoting them, giving them a raise, or any other benefit

5.) Discrimination
- Terminating an employee based on their protected class
· ADEA – individuals over 40 years
· ADA – individuals with disabilities
· Title VII of Civil Rights Act (race, skin color, religion, age, sex (gender), disability or national origin
· EPA – equal pay

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Get Ahead of Your Competition in the Summer

Summer seems to be the slow season in the workplace, but this is the best time of the year to get ahead of lazy competition.  While clients, employees and vendors are taking vacation time and thinking of fun in the sun, your business should be channeling this free time to staying focused on making the company tick.

According to theHRSpecialist.com, here are six ways to avoid summer slack off:

1. Vow to make this the Summer of Strategy.

2. Plan the work and work the plan.

3. Don't let people use their vacation as a get-out-of-work-free card.

4. Update clients once a week.

5. Leverage the freedom of summer to generate fresh ideas.

6. Look for ways to keep people refreshed.

For more information, check out the full article here.