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Firing

WIU settles with coach who was fired after cancer diagnosis

09/16/2010
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.

EEOC looks at last-chance agreements barring lawsuits

09/16/2010

Steven Whitlow, an employee at a Cognis plant in Kankakee, signed a last-chance agreement that forfeited his right to file charges against Cognis with any civil rights commission or government authority. Later, Whitlow rescinded his agreement, stating that he did not want to waive his civil rights. When Cognis terminated him, he filed a complaint with the EEOC.

Document specific reasoning behind differing punishments

09/16/2010
Many employers keep their disciplinary policies vaguely worded because they want some flexibility in dealing with employee behavior. That’s fine as long as you carefully document why you are punishing one employee more harshly than another.

Fired after injury, star worker sues Delta under ADA

09/08/2010

Call it a missed opportunity. Call it a misunderstanding. Nancy Grozdanich-Lipinski did neither. She called her lawyer. Grozdanich-Lipinski is suing her former employer, Delta Airlines, for violations of the ADA.

Sued for counting FMLA against fired worker? Prove you planned to discharge anyway

09/08/2010
If you’re deciding whether to fire an employee for attendance problems (under a no-fault attendance policy, for example), you must make sure you aren’t counting FMLA leave against her. However, all is not lost if you accidentally add in an FMLA absence—as long as you can show you still would have fired the employee because of other attendance problems.

Train supervisors on FMLA notice process

09/08/2010
Train supervisors and managers on situations that could trigger the FMLA leave determination process. The best approach is to suggest they notify HR if an employee calls in sick and implies anything more than “I’m sick today.” If the employee provides any detail that makes it seem likely he or a family member is suffering from a serious health condition, he should be referred to HR to determine if he’s eligible for FMLA leave.

Sight-impaired officer sees red, sues for ADA violations

09/08/2010
A former detention officer for the Hunt County Sheriff’s Office has filed suit against Hunt County and Sheriff Randy Meeks, claiming she was discriminated against on the basis of her disabilities: myopia and astigmatism.

Employee says workers’ comp claim led to firing

09/08/2010
The oil-field communications company RigNet faces a lawsuit alleging it fired an injured field technician after he filed for workers’ compensation benefits.

Cut slack on notification requirement when emergency clearly signals FMLA need

09/08/2010
When it comes to FMLA leave, many employers have internal procedures that are somewhat stricter than those specified in the FMLA. That doesn’t mean, however, that employers shouldn’t be flexible under emergency circumstances. Holding an employee to an impossible requirement won’t fly with courts.

Check for good faith if ‘whistle-blower’ sues

09/08/2010
The Texas Whistleblower Act creates a presumption that anyone terminated or otherwise disciplined within 90 days of whistle-blowing was punished for reporting the violation. That’s why whistle-blowing can look like an attractive safeguard for an employee who is already facing potential discipline. Fortunately, the employee has to make a good-faith report before the law’s protection kicks in.