News

It may be tempting to eliminate diversity, equity and inclusion policies entirely. But before you do so, consider the potential unintended consequences, especially if you lay off everyone you hired to run the programs. Those sidelined employees who were supposed to help you create a diverse workplace may sue you.

Nothing is more likely to spur a lawsuit than a termination for misconduct or poor performance. Former employees may feel they have nothing to lose by suing you. That’s why you must prepare carefully. Before making a termination decision, you should follow these steps.

Remind supervisors: Firing an employee while she is undergoing medical testing could easily trigger a lawsuit. Reason: It’s illegal to discriminate against an employee based on suspicions she might become ill or disabled in the future. That would amount to regarding her as disabled, which violates the ADA.

Disciplinary and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. You need to be prepared for anything, including employees who “let it all out” in long, loud tirades.

Most handbooks explain the kinds of employee misconduct that might warrant termination. However, it’s impossible to envision every situation that might add up to a firing offense. That’s OK. If an employee does or says something that clearly requires immediate discharge, don’t let the lack of a handbook policy stop you from acting.

The good news is it’s generally easier to terminate probationary employees than regular employees. Here’s how to pull it off without triggering a lawsuit.

Even if you don’t believe you will have to eliminate jobs any time soon, it’s probably a good idea to start formulating preliminary layoff plans now so you can move quickly if the need arises.

In addition to being gut-wrenching for HR, layoffs are a legal landmine. Here are four layoff errors to avoid.

To date, 13 states have adopted their own versions of WARN. Some cover smaller layoffs than the federal WARN Act. Others add a longer notice period. And several also require providing severance payments to laid-off employees in addition to providing advance notice.

Employees who think they’re about to be disciplined or fired often look for ways to delay or prevent the inevitable. A favorite tactic: invoking the job protections built into the FMLA and ADA. However, there’s a foolproof way to protect against these frivolous charges.