Tag: terminations

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or activities, but those jurisdictions are the exception, not the rule.

Question: Is it acceptable to terminate an older employee based on higher risks of having driving accidents? Answer: Basing a termination in whole or part on the fact that an employee is aging may be a violation of the Age Discrimination in Employment Act (ADEA) if the employee is 40 years of age or older….

Question: What is the protocol for terminations done in any other way rather than face-to-face, if the employee is out of the office and the supervisor is on vacation? Answer: Most HR professionals agree that in-person terminations are the best practice and the preferred method. However, in-person terminations are not always the feasible option. When immediate action…

Question: Can an employer terminate an employee if he refuses to transfer to a new location (5 miles away) unless he is given a salary increase? Answer: A best practice is to find a mutually agreeable solution. Unless there is some contractual agreement to the contrary (i.e. an employment contract stating the employee cannot be transferred or…

Question: Can an employer terminate a manager’s employment during a performance improvement plan period? Answer: With any termination of employment situation, we recommend that you consult with your legal counsel to review the facts and circumstances of the situation to mitigate any potential risks.  At-will employers generally have the right to terminate the employment relationship at…

Question: What is the best day of the week and time of the day to perform a termination of employment? Answer: There are varying viewpoints as to the best time to terminate an employee; however, many HR professionals agree that the meeting should probably take place early in the week, and early in the day. Try to…

Question:   I’ve taken over processing leaves of absence for my organization and have recently inherited several years worth of archived files for employees that are no longer with our organization.  How long do I need to keep leave files for terminated employees? Answer: The direct answer to your question is that FMLA records must be…