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Ten Rules On How to Fire An Employee--And Not Get Sued

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Message Roger Shuler

No. 6-- Employers should consider offering severance pay to discharged employees in

exchange for the employees' complete release of all potential claims against the company


This was not a factor in either of our cases, although we certainly are prepared for both employers to try to cheat us should our legal cases reach a settlement stage.

Grades: Incomplete

No. 7--Employers should establish an internal procedure for employees to challenge

terminations that they perceive as unfair


According to its employee handbook, Infinity has a grievance process. But in the real world, we found, it is worthless. Mrs. Schnauzer's grievance process consisted of her writing an e-mail to Pam Jenkins in human resources and saying she was wrongfully terminated, based on false information and administrative screw ups. Mrs. Schnauzer said she had been told to work a 9:30 schedule and was not tardy. She also said her supervisor had wrongfully accused her of regularly taking unscheduled absences on Mondays; those were scheduled and approved vacation days. Ms. Jenkins admitted that the accusations about Monday absences were false and said she would note that in Mrs. Schnauzer's record. Otherwise, Ms. Jenkins claimed, the company had followed policy--and Mrs. Schnauzer was still fired.

UAB actually comes close to receiving a decent grade for its grievance process. I went through it, and the committee came to the correct conclusion--that I should not have been terminated. University policy, however, allows the HR director and the president to ignore the committee's recommendation--and that's what they did in my case, upholding my termination. This loophole makes UAB's policy worthless--at least when it has a corrupt president and HR director, as it did when I went through the process.

Grades: Infinity, F; UAB, D-

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I live in Birmingham, Alabama, and work in higher education. I became interested in justice-related issues after experiencing gross judicial corruption in Alabama state courts. This corruption has a strong political component. The corrupt judges are (more...)
 
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