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Firing

Fighting for disabled, EEOC takes on churches

04/05/2010
For several months, the EEOC has been aggressively going to court on behalf of disabled employees. Their successful litigation has paved the way for more disability lawsuits against religious organizations that employ laypersons.

Check all discipline to spot, stop retaliation

04/05/2010

When an employee assists in a co-worker’s EEOC case or lawsuit, employers can’t punish the employee who helped. That would be retaliation. If there’s a short gap between the assistance and the punishment, watch out for a retaliation lawsuit. That’s why HR should always review disciplinary actions with an eye toward making sure there’s no retaliation.

Employee is wasted at work? You don’t have to tolerate it!

04/05/2010

It’s true that the ADA and FMLA require you to accommodate employees with medical ailments—even employees recovering from alcoholism. But take note: You certainly can enforce a zero-tolerance policy that forbids employees to work while under the influence of alcohol. Employers have every right to expect workers to show up sober in the morning. Being an alcoholic is no excuse.

School ‘accident’ leads to suit against Brunswick County

04/02/2010
Anna Stanley used to work for the Brunswick County school system as a teaching assistant. She was terminated after an incident in which a third-grader wet his pants and sat in them for three hours. Stanley has filed race discrimination charges under state law in Brunswick County Superior Court.

Make following instructions a part of your expectations

04/02/2010
Employees who claim discrimination was the reason they were fired have to show that they were meeting their employer’s legitimate job expectations. Employees fired for insubordination have a hard time proving that—especially if their employer can point to specific facts that prove insubordination.

Terminating for attendance? Don’t make FMLA a factor

03/26/2010
Employers have every right to terminate employees who can’t come to work on time—but not for taking FMLA leave.

Mind your mouth: Ageist criticism more likely than ever to spur a lawsuit

03/26/2010

Since the U.S. Supreme Court’s 2009 Gross v. FBL Financial Services decision, employees suing for age discrimination have had to prove that “but for” the employee’s age, the employer wouldn’t have taken the adverse action it did. Gross generally benefited employers, but it also raised the stakes. Now, managers’ ageist statements can really have an impact.

Whistle-blower flagging safety violation? Don’t shoot the messenger by retaliating

03/26/2010

Generally, Pennsylvania is an at-will employment state where employers can fire employees for any nondiscriminatory reason. But Pennsylvania also allows lawsuits for wrongful discharge based on public-policy concerns. Those public policies include the right not to be fired for reporting company safety violations that could harm the public.

You’ll need a calendar and a calculator: Track past service to check FMLA eligibility

03/26/2010

Whenever you hire someone, check your records of past employees. If your new employee is a rehire and last worked for you within seven years, be ready to credit that service if FMLA eligibility ever becomes an issue. If you don’t do that, and wind up denying FMLA leave to an eligible employee, you may have to pay double damages.

Document and retain evidence that led to firing

03/26/2010
You never know which terminated employee will sue—or how long he might wait to do so. That’s why it’s important to document everything leading up to the termination. Then make it your policy to retain firing-related documents indefinitely.