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Discrimination / Harassment

Fire employee who has filed complaint … if you’re prepared to address retaliation

06/01/2009

Employers often get into trouble when they punish someone who has filed an internal harassment or discrimination complaint. But that doesn’t mean you shouldn’t discipline employees for legitimate reasons just because they filed an unrelated complaint. The key is being able to show a good reason for your actions.

Cite specifics when firing to beat discrimination charges

06/01/2009

Employees who are fired have little to lose and everything to gain by filing a discrimination lawsuit. That’s why you should be prepared to show exactly why you terminated an employee and how the punishment fit the crime—especially if others kept their jobs after similar violations.

Courts crack down on serial plaintiffs—and their lawyers

06/01/2009

Some fired employees, unable to move on, file multiple lawsuits against their former employers. If that happens to you, take heart. Courts are starting to drop these cases early. They’re even beginning to consider sanctions against employees’ attorneys.

Texas judge gets 33 months in sex abuse case

06/01/2009

A federal district court judge in Texas was recently sentenced to 33 months in prison for lying about allegations that he sexually abused his secretary.

Roofing manager sues after firing following cancer diagnosis

06/01/2009

A former manager at Tyler Roofing Co. recently filed suit against the company, claiming that his employment was terminated because he missed work to receive cancer treatments. He sued for disability discrimination and violations of the FMLA in the Eastern District of Texas.

Law prof sues for retaliation in wake of husband’s own suit

06/01/2009

Law instructor Rosanne Platt has filed an EEOC and Texas Workforce Commission Civil Rights Division lawsuit against her former employer, the St. Mary’s University School of Law. Platt alleges that her contract was not renewed after her husband filed a lawsuit against the San Antonio law school.

How to legally handle chronically late workers

05/27/2009

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

The $10 million ‘manager from the past’: Teach bosses the risk of age-related remarks

05/27/2009

If you need more incentive to persuade supervisors to stop making negative comments about employees’ ages, consider this: A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk.

Investigation results don’t have to be accurate—just honest

05/27/2009

When HR investigates discrimination complaints, you don’t have to act like a court of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” So don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Lessons from the Courts: June 2009

05/27/2009

You don’t have to tolerate foul language … Customer gripe caused firing? Get it in writing … Ledbetter Act already spurring more pay cases … Track when you notify worker of firing … No signature? Settlement may still be binding.