Blogs tagged in firing


FMLA - speak clearly and carefully and explicitly

Be VERY CLEAR In Your Communications About FMLA!

I often tell my crazy teenagers that it doesn’t matter what you mean to say – it matters what the other person actually hears. (I’m not sure they actually hear me when I say that…) And a recent Family and Medical Leave Act case proves my point and provides a lesson for employers. 

Termination and social media posts - peanut butter and vinegar?

#No Filter: Terminating an Employee for Social Media Posts

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct.  Those bygone times, however, have been replaced by a modern era wherein employers are forced to ap...

How to Address an Unflattering Video of an Employee

Memo for Unflattering Social Media Content

A PR statement employers may want to save for a rainy day.

FOR IMMEDIATE RELEASE
Date: TBD (embargo until needed)
Contact: Corporate Communications Director

Our company is an equal opportunity employer, and we take pride in our diversity. Today on [Twitter][Instagram][Fa...

Protecting Trade Secrets when Terminating Employees

4 Tips to Protect Trade Secrets and Confidential Information When Terminating Employee

Employers may face risks of departing employees, particularly involuntarily terminated employees, taking the employer’s confidential information or trade secrets with them when they leave.  Putting aside the employee’s motivation&mdas...

RIFs are NOT a cure all for bad performance management

RIFs Are Not the Easy Solution for Problem Employees

Some employers view a reduction in force as an apparently easy and clean way to get rid of employees they do not want – like poor performers, who have not been properly performance-managed.  There may even be less appropriate considerations in mind – an older employee viewed as...

Why You Should Care About Employment Law

Common Pitfalls for Emerging Companies

Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often requires legal counsel. However, there are a few very common employment law pitfalls that all emerging com...

Written warnings and the FAQs they spawn

The DOs and DON’Ts of Written Warnings: What Employers Need to Know

Ursula A. Kienbaum

Employers frequently use written warnings as part of their formal progressive discipline policies. How and when to use these warnings can sometimes be tricky. Bel...

Cursing, surfing, weapons, gadgets ā€“ illegal, inappropriate or OK?

It happens in almost every workplace almost every day: somebody swears or is on an iffy website or is carrying a knife (or worse) or is using their own (not secure) phone or computer to send off a quick business email or text.

So what is illegal, what is inappropriate and what is just not that a big a deal?

Robin Shea at Constangy has your answers (and answers your questi...

Bad hire! Bad, bad hire!

Just like a dog, a hire can be bad for a multitude of reasons, including the hirer (trainer), the hired (dog), everyone's expectations (in both cases some praise and/or a treat), and the environment (workplace/home).

HR Dive is here to help (with the bad hire*):

"Sooner or later, even the most seasoned HR professionals will admit it: they've made a ...

Don't feel ripped off when you get ripped off ā€“ get even

Both of the following blogs were written by Ed Harold at Fisher Phillips, which authors several of our resources. Both are included in their entirety below. You can find the originals, 

Discipline - Demote - Depart or Communicate - Counsel - Channel

SHRM, with help from author Ogletree Deakins, explains the process of demoting an employee, including:

  1. reasons for demotion
  2. opportunities/fresh start
  3. pay reduction not necessary
  4. ...

I cannot tell a lie . . . you're fired for cutting down the cherry tree

This blog was written by Robin Shea at Constangy, which authors our Model Policies and Forms for Georgia Employers. You can find the original on their

No, you can't sleep on the job

This blog was written by Shelby Skeabeck, formerly of Shawe Rosenthal, author of our Maryland Human Resources Manual. You can find the original blog post here and their Labor & Employment Report newsletter (which is excellent) 

"We need to talk" isn't any easier to say than to hear

This blog was written by Mathew Parker at Fisher Phillips, which authors several of our resources. You can find the original here and their On the Front Lines Workplace Law Newsletter (which is excellent) 

Zero tolerance for "zero tolerance" policies

Zero tolerance for "zero tolerance" policies

"Zero tolerance" is too blunt an instrument, and it may even increase bad behavior.

Chai Feldblum, a Democratic Commissioner of the Equal Employment Opportunity Commission, was quoted this week as saying that "zero tolerance" policies can actually make it&n...

Termination Series: Communicating the reason for discharge

Do employers need to provide a reason to a discharged employee?

Federal law does not require employers to provide terminated employees with a written explanation for their discharge. However, many states have litigation in place that calls for an employer to provide documentation outlining the reason for termination. This is a called a service letter, and so...

Firing, a job to do right the first time

"You’re fired." On The Apprentice, Donald Trump made it look so easy! For the rest of us, a poorly done termination could be costly. Emotions run high, there is a lot of paperwork involved, and an employer can end up with a big mess on their hands. Taking the time to do a termination properly can keep an employer out off court, so here are a few best practices t...