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Firing

Tell managers: No campaign to ‘get’ employee allowed

02/25/2010

Looking to get sued? Just throw the book at an employee whom you would just as soon see resign. That’s especially true if she has just engaged in some form of protected activity like asking for FMLA leave.

Court upholds limited-duty accommodation for state trooper

02/25/2010

Pennsylvania Commonwealth Court has upheld an arbitrator’s decision granting desk duty to a Pennsylvania state trooper who has a history of depression.

Horsham software firm settles age bias suit for $175K

02/25/2010

Astea International has agreed to settle an Age Discrimination in Employment Act (ADEA) lawsuit for $175,000. The EEOC brought the suit on behalf of 47-year-old Frank Fesnak, who was fired from his position as the Horsham-based company’s vice president of strategic alliances.

Same offense, different circumstances: The punishment can fit the crime

02/22/2010

The cardinal rule for employers is to punish like offenses the same way. But that doesn’t mean that you don’t have some flexibility. For example, when two employees break the same rule, the underlying reasons might be considerably different. If you decide to punish one more severely than the other, document why you don’t consider the circumstances the same.

OSHA loses patience, Freehold executive loses car

02/22/2010

When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well …

Big win for employers in disability bias case

02/16/2010

Employers frequently worry that if they discharge a disabled employee, they will be sued for disability discrimination even if they had a good reason for terminating the employee. That’s because disabled employees may claim their disability was a motivating factor in the decision. Until recently, that was enough to win at least a partial victory in court. Fortunately, that’s no longer the case.

Follow your own rules, courts will probably side with you

02/16/2010

You just can’t satisfy some employees. They’ll always find something to complain about. But if supervisors keep their cool and hold employees to the rules, chances are a disgruntled employee won’t get far with a lawsuit.

Want severance agreement to stick? Call a lawyer

02/12/2010

Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.

Former Freeport fire chief sounds the retaliation alarm

02/12/2010

Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.

Can I fire an employee who will miss work because he has been subpoenaed?

02/12/2010

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.