May It Please The Court

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May It Please The Court
by Leonard Rivkin
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Quote of the Day - You never ask why you've been fired because if you do, they're liable to tell you. - Jerry Coleman
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Twice Is Just As Nice: If Firing Your Employee Didn't Work The First Time, Then Try It Again

You can fire your employees twice. 

That's right, twice, I said.  Why would you need to fire an employee twice?  Let's say, for example, that your employee sues to be reinstated after you fire the employee the first time.  Then the employee gets reinstated, and just to add insult to injury, say with back pay and penalties.  Ouch.

Can you fire your employee again?  The answer is yes, if you're in the Ninth, Seventh or now Third Circuits.  Click on the link for map.  Of these three, MIPTC is admitted only in the Ninth, so consult your local attorney if you're an out-lander.  Mirroring decisions in both the Ninth and Seventh Circuits, the Third Circuit just released this opinion, approving the second termination of an employee, once for using a stolen receipt to pick up meat from the company, and the second time for beating up a security guard who was involved with the first termination. 

Presumably, if an employee wins reinstatement a second time, you can fire the employee a third time, but no court has approved that circumstance yet. 

Call me silly, but maybe the arbitrator approving the first reinstatement got the message the second time around. 

Posted by J. Craig Williams on Wednesday, December 06, 2006 at 23:48 Comments (0)


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