Can You Terminate Someone the Day They Return From FMLA?

I have been asked several times “Can you fire someone the day they return from FMLA?” Naturally, my answer is “It all depends.” To illustrate let’s consider the case of Winterhalter v. Dykhuis Farms, Inc. Briefly, Winterhalter was a supervisor working for the pig farm of Dykhuis Farms, Inc. He was in charge of a …

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Hire Slow, Fire Fast

I don’t think there are too many things worse for a company, especially a┬ásmall company, than to make a bad hire that is then allowed to hang around forever because management is afraid to act on the mistake they made. So the solution for this is to hire slow and fire fast. In an article …

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Fire For Facebook "Concerted Activity", Risk Getting a Union

Everyone in management today needs to learn the term “concerted activity.” It means trouble in today’s social media world. The National Labor Relations Board has filed yet another complaint against a company for firing workers for remarks made on Facebook. The case involved a company where one employee made a comment about other employees not …

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Under the FLSA "Oral" Complaints Count

All employers know that employees grouse or complain about something in their job and/or the company on a daily basis. Sometimes we feel those complaints go overboard and we lable the employee as a “complainer” and end up helping the employee find work more suited to them, if you get my drift. Sometimes, actually often, …

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Silence Improves Employee Communication

Listening skills, which includes the use of silence, is something many of us need to improve upon. I have been doing some reading in order to improve my consulting skills. I read a post by consultant Alistair MacPherson, writer of Clientonomy, entitled Improve Listening Skills to Win More Clients. He makes three points that I …

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