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FIRING

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 ...

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 ...

'No comment' is best response when reporters call about a firing

05/09/2008
 
Discharging an employee is stressful to everyone concerned. It can be doubly stressful if the employee held a publicly visible position. Local reporters are likely to call asking for information about why the organization fired the employee. Handling those calls poorly can spell legal trouble ...

Noose in the news

05/09/2008
 
The manager and two employees of a Bay City Lone Star Steakhouse & Saloon were fired after allegedly hanging a noose in view of a black cook. The employees reportedly let the noose hang for four days before taking it down ...

Woman awarded $500,000 for sexual harassment, alleged rape

05/07/2008
 
A woman who was sexually harassed and allegedly raped by a boss at a Quiznos restaurant in Norwich was awarded $500,000 by the state Division of Human Rights ...
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