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When Is It Legal to Fire?
Did you know it's perfectly legal for a company to fire an employee for working unauthorized overtime? Sometimes corporate executives are told so many things they can't or shouldn't do, that they forget the things they can do. A couple of bloggers recently reminded us that there are times to tell supervisors: Yes, you can.
The Evil HR Lady Blog put together a list of some 62 is-it-legal-to questions gathered over the years. The opener was: “Is it legal for my manager to make me clean up rat poo?” Answer: Yes, poor worker, it is.
Who Can I Fire?
Part of the blog's list dealt with firing. It said, for instance, that a worker can be legally fired for complaining about something that is not illegal. And an employer can fire someone who has cancer or who is pregnant ' just not because of the disease or the pregnancy. And then there's this one: “It's legal to fire someone for being a jerk.”
Other parts of the list dealt with employers who share information about their employees. For example, it's legal for a boss to tell an employee's coworker that she plans to write the employee up, or to share a worker's performance stats, cell phone number or details of a performance improvement plan with other workers.
Not to be outdone, Jonathan Hyman, author of the Ohio Employer Law Blog, added his own gems gleaned from his book, “The Employer Bill of Rights: A Manager's Guide to Workplace Law.” Hyman is a labor and employment partner at the Cleveland law firm Kohrman Jackson & Krantz.
Hyman's can-do list included that it's OK not hiring a felon or any applicant who won't sign a noncompete agreement. His list also said it's legal to fire an employee for working unauthorized overtime or to replace an employee who is on a leave of absence ' except if the leave is protected by law, such as under the Family and Medical Leave Act. But the blog post contained what must be the ultimate insult to a worker: It's legal for the employer to ask a coworker to deliver a “you're fired” message. Ouch!
Sue Reisinger is a reporter for Corporate Counsel, an ALM sister publication of this newsletter.
Did you know it's perfectly legal for a company to fire an employee for working unauthorized overtime? Sometimes corporate executives are told so many things they can't or shouldn't do, that they forget the things they can do. A couple of bloggers recently reminded us that there are times to tell supervisors: Yes, you can.
The Evil HR Lady Blog put together a list of some 62 is-it-legal-to questions gathered over the years. The opener was: “Is it legal for my manager to make me clean up rat poo?” Answer: Yes, poor worker, it is.
Who Can I Fire?
Part of the blog's list dealt with firing. It said, for instance, that a worker can be legally fired for complaining about something that is not illegal. And an employer can fire someone who has cancer or who is pregnant ' just not because of the disease or the pregnancy. And then there's this one: “It's legal to fire someone for being a jerk.”
Other parts of the list dealt with employers who share information about their employees. For example, it's legal for a boss to tell an employee's coworker that she plans to write the employee up, or to share a worker's performance stats, cell phone number or details of a performance improvement plan with other workers.
Not to be outdone, Jonathan Hyman, author of the Ohio Employer Law Blog, added his own gems gleaned from his book, “The Employer Bill of Rights: A Manager's Guide to Workplace Law.” Hyman is a labor and employment partner at the Cleveland law firm
Hyman's can-do list included that it's OK not hiring a felon or any applicant who won't sign a noncompete agreement. His list also said it's legal to fire an employee for working unauthorized overtime or to replace an employee who is on a leave of absence ' except if the leave is protected by law, such as under the Family and Medical Leave Act. But the blog post contained what must be the ultimate insult to a worker: It's legal for the employer to ask a coworker to deliver a “you're fired” message. Ouch!
Sue Reisinger is a reporter for Corporate Counsel, an ALM sister publication of this newsletter.
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