How do I terminate an employee with an H1-B visa?

H1-B visas are special documents that allow people with special skills to work in the United States. Only 65,000 of these visas are issued annually, thus terminating someone on an H1-B is a big deal. Requirements to have an H1-B According to the Department of Homeland Security, USCIS, a worker on an H1-B visa must …

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Why calling the boss a “f**king a**hole” may be protected activity

Most bosses would probably react negatively to being told he is a “f**cking a**hole” to his face. In my book that would probably be a good reason to terminate the employee’s employment. It is obvious he is not going to be a team player, he may not be trustworthy, and he is certainly not going …

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Why Honesty is the best policy in terminations

  I have often run across companies that want to soften the impact of firing someone by offering them the opportunity to “voluntarily resign” rather than have a termination on their record. In other situations employers are “eliminating a job” or having a “layoff” or some other action to blunt the perceived impact of firing …

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Failing to Respond to the Unemployment Department May Result in Jail and Fines

  As we sit watching Congress argue about extending unemployment a new law takes effect that will have a major impact on companies. I talked to a client the other day about a termination. Although the employee to be terminated was in the wrong they were not all that keen on denying the employee unemployment …

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Clearing up Some Myths about Severance Pay

  I am on vacation today so I am repeating a post from 2012 that was widely read. I get occasional calls from clients asking me about severance pay. What is required? What is customary? Should there be a release or not? Of course the simple answers are nothing, nothing and maybe. Straight forward enough …

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Five Fabulous Posts on the FMLA

  The Fifth of February was the 20th anniversary of the Family and Medical Leave Act. I tweeted, and got some chuckles, that here it was 20 years old and we still did not have it figured out. Unfortunately I was only half joking. It is still a big unknown for many. For one thing …

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California Courts Don’t Believe in “Honest Belief” of Employer

  On November 19 I wrote a post called The FMLA and an “Honest Belief”. In that post I told you about terminating employees on Family and Medical Leave, generally a “no-no”, but if an employer has an “honest belief” an employee was not using the leave for what it was originally intended. You will …

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Behaviors That Can Get You Fired

 I have no intention of creating a list of behaviors that can get you fired. If you want to see that go read your employee handbook. This post is more of a reaction to another list that was published on January 10, 2012 in CBS  Money. The article is entitled 5 behaviors that can get …

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Can You Fire Someone for Participating in an “Occupy” Rally?

According to a recent article by SHRM the answer to that is a resounding “Maybe, depends.” Oh come on… you were expecting a different answer from HR and a lawyer in HR at that! Humor aside, let me help explain the answer of “Maybe” to the question of can you fire someone for participating in …

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