Category Archives: Terminating the Employment Relationship

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Employee Terminations: Delaying the Inevitable is Inevitably Bad for the Company

Employee terminations are an unfortunate reality of every business. But that doesn’t mean employers and their managers are good at carrying out terminations.  Take for example a response Sir James Dyson (yes, the vacuum guy was knighted by Queen Elizabeth II in 2006) gave when he responded to Bloomberg Businessweek’s “Ask a Billionaire” feature that … Continue Reading

Jim Leyland – A Great Baseball Manager, but a Bad Example for Managing Your Company’s HR

Jim Leyland, the now former manager for the Detroit Tigers, officially announced his resignation today. Under his tenure, which lasted eight seasons, Mr. Leyland took the Tigers to two World Series and had an overall record of 700-597. An example in “what not to do” in managing a company’s human resources. Mr. Leyland’s tenure with … Continue Reading

Michigan Court Refuses to Expand Claim for Wrongful Termination in Violation of Public Policy

While maybe not quite as exciting as last night’s fantastic win by the Detroit Tigers, Michigan employers got a great win this week from the Michigan Court of Appeals involving a claim for wrongful termination in violation of a public policy. Specifically, in Irwin v Ciena Health Care Management, Inc. (PDF), a nurse was employed in … Continue Reading

Management Lessons from the NFL: Avoiding Monday Morning Quarterbacking of Your Termination Decisions

Kevin Clark of the Wall Street Journal recently wrote an article, Management Secrets of the NFL, which offered a number of points relative to running a business.  One point that stood out related to hiring and firing decisions. Specifically, the article noted that 12 of the 32 NFL teams have hired a new coach since the … Continue Reading

How to Terminate an Employee – Baseball Bat Optional

Bloomberg Businessweek recently featured in its “How to Issue” insight from the manager of the Baltimore Orioles, Buck Showalter, about how to terminate an employee. Mr. Showalter has been a Major League Baseball manager for 14 seasons. Among his recommendations for letting an employee go:  You’re trying to define reality as you and the organization see … Continue Reading

Exploring an Employer’s Obligations to Pay Accrued Vacation and Severance under Michigan Law

Vacations and the weekends – it’s what we often work for. But what happens when a termination ends the work and there is unused vacation time?  A number of employers have been updating their employee handbooks and policies. In doing so, these employers often raise questions about both vacation pay and severance packages. More specifically, … Continue Reading

Employer Obligations When it Comes to Employees and Jury Duty

An unlikely employer recently found out that discharging or otherwise disciplining an employee for complying with jury duty is not only bad publicity but also violates Michigan law.    Specifically, the Detroit Free Press (by Christina Hall) reported that a law firm employee called for jury duty in a murder case pending in Macomb County … Continue Reading

Does Your Employment Separation Agreement Mean What You Think it Means? Michigan Court Addresses Meaning of “Disparagement”

A recent Michigan Court of Appeals opinion highlights the importance of clearly and precisely drafting separation agreements. Meaning of “Disparagement”  In Sohal v. Mich. State Univ. Bd. of Trs. & Davoren Chick M.D., (May 17, 2011) the parties executed a Resignation Agreement and Release relating to Plaintiff’s agreement to voluntarily resign from MSU’s medical residency program. … Continue Reading

A Short Checklist to Avoid a Disgruntled Former Employee Costing Your Company $200,000

A disgruntled former Gucci employee is reported to have caused in excess of $200,000 in damages to his former employer (as reported by Computer World) and now faces criminal charges. Specifically, the New York District Attorney’s indictment alleges that Sam Chihlung Yin fraudulently obtained IT access after he was fired. From there, the indictment alleges that Mr. … Continue Reading
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