TERMINATIONS

Don't let one rogue manager brand you an age discriminator 05/16/2008   Even if an employer has a good history of avoiding age discrimination in hiring, it can be sued for age discrimination if a reduction in force disproportionately affects older workers. Generally good hiring practices don’t prove that no discrimination occurred when drawing up the RIF list ...

Check bankruptcy filings for possible 'Get out of jail' card 05/16/2008   Employees who have been fired or otherwise lose their jobs frequently encounter financial problems and end up in bankruptcy court. If the employee doesn’t list a pending EEOC or lawsuit claim against his former employer, the bankruptcy court may miss important assets and discharge the debts ...

Open inquiry protects against firing bias 05/16/2008   Coca-Cola fired Dudley Thompson, who is black and from Jamaica, for not following company protocol when he went on vacation to the island—he failed to put his vacation request in writing and arrange for shift coverage ...

Must you give employees Sundays off for 'TV church'? 05/15/2008    If employees ask for Sundays off from work for religious reasons, must they attend services in an actual church or synagogue that day? A new court ruling clarifies that the answer is “no” ...

OK to fire and then investigate—But be consistent 05/14/2008   It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened ...

Evenly enforce policy prohibiting employee fraternization 05/14/2008   If, like some companies, you have a policy forbidding dating or relationships between supervisors and hourly employees, make sure you enforce the rule consistently ...

Investigative finger points back at accuser? It's OK to fire 05/14/2008   Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action ...

You can require certification form directly from doctor 05/14/2008   Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified ...

If accommodation can't enable essential functions, termination may be only option 05/14/2008   Being qualified for a job doesn’t mean the person can do it well. And the inability to really execute an essential job function can warrant dismissal, even if the employee claims a disability. Take, for example, a newly hired professor who turns out to have psychological problems that prevent her from teaching class ...

Don't let jury duty force you to defend yourself in court 05/14/2008   Both Illinois and federal laws require employers to let their employees off for jury duty. Additionally, employers may not penalize employees for serving on a jury. No matter how obvious this is, every now and then, employers try to get back at employees who perform their civic duties. It never works ...

Think twice before suing your own employee for negligence 05/13/2008   Minnesota employers, take note: Courts don’t take kindly to employers that try to sue their employees for negligence as a counterclaim to a discrimination lawsuit. In fact, Minnesota law requires employers to indemnify employees for costs associated with a lawsuit filed because of the employee’s alleged wrongdoing ...

Fate of Northwest jobs up in the air 05/13/2008   The fate of 1,000 jobs at Northwest Airline’s headquarters in Eagan is up in the air following the carrier’s merger with Delta Airlines. Delta has insisted throughout negotiations that the combined airline will keep the Delta name and its Atlanta headquarters ...

Receptionist delivers messages from hell 05/13/2008   Zachary Winspear joined Community Development, Inc. (CDI), a property management company in Golden Valley, as a personal assistant to company president Charles Schneider. As the two grew close, Winspear confided to Schneider that his brother had committed suicide ...

Jury awards $5.8 million verdict for age discrimination 05/12/2008   A former employee of Ernie Haire Ford who claimed the dealership fired him because of his age won a $5.8 million verdict in Hillsborough Circuit Court ...

Three-Day FMLA incapacity can span regular days off 05/09/2008   Employees who claim they qualify for FMLA leave because of a short illness have to show that they went to a doctor and were incapacitated for three days. But the three days don’t have to be workdays—they can include days off ...