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Firing

Beware! Don’t overreact to pay complaints

01/14/2010

In California, you can’t terminate employees for coming forward to press for enforcement of wage-and-hour claims, even if it turns out the claims were unfounded. That’s because California law strongly supports employee rights to get all the pay they’re entitled to, and efforts to punish employees who are wrong would chill efforts to challenge their employers’ pay policies.

First Amendment sometimes protects ‘instructional speech’

01/14/2010

A teacher employed by the government has a First Amendment right to speak as she wishes during instructional time, and her employer must have a sound educational reason for punishing such speech.

You can’t choose the day for FMLA medical treatments

01/13/2010

Employees who suffer from chronic conditions may have to see their doctors regularly. Under the FMLA, if those employees give you 30 days’ notice, they’re allowed to pick the day for their appointment. You can’t simply argue that they don’t need to take off that particular day because there is no emergency or urgency.

Settlement brings soft landing for Mesaba religious bias case

01/13/2010

Mesaba Airlines, which operates short-haul flights for Delta and Northwest Airlines, has reached an agreement with the EEOC on religious discrimination claims filed by several employees. The suit began when Mesaba fired customer service agent Linda Vellejos after she refused to work on the Jewish Sabbath.

Hennepin County driver files religious accommodation suit

01/13/2010

The tension between an employee’s right to religious accommodation and an employer’s need to get work done is at the heart of a case being heard in Hennepin County. A Seventh-day Adventist was fired after refusing to work between sundown on Friday and sundown on Saturday, the Adventists’ Sabbath.

Think worker can’t take FMLA? Run the numbers

01/11/2010

Before you decide to fire a troublesome employee for missing work because the absences aren’t covered by the FMLA, double-check your math. In one recent case, the employer fired a “poor-performing” employee but cited a dubious reason: She was frequently absent to care for her father and wasn’t yet eligible for FMLA leave. In fact, it turned out she was eligible and the court wouldn’t buy any of the other discharge reasons.

Under new FMLA rules, think twice before automatically firing workers who don’t call in

01/11/2010

The new FMLA regulations say employers can enforce their usual call-in rules, such as requiring employees to call in before missing a shift. That rule change made employers rejoice, assuming they could safely discharge employees who didn’t show up and didn’t call in. But a new case calls that assumption into question.

Not all harassers need immediate firing

01/11/2010

If you have a robust anti-harassment policy and act fast to stop co-worker sexual harassment, you usually won’t be liable for that harassment. But that doesn’t mean you must automatically fire everyone who harasses a co-worker. You can use a more measured approach, including warnings and counseling. If that doesn’t work, then it may be time to terminate the perpetrator.

Firing employee who complained of harassment? Don’t let alleged harasser play any role

01/11/2010

Here’s a rule of thumb to follow: An alleged harasser should have no part in a later termination decision involving his or her accuser. Giving the alleged harasser any role in the firing is almost certain to spur a retaliation lawsuit, even if it turns out the harassment claim doesn’t stick.

Wasted at work? You don’t have to tolerate it!

01/11/2010

Some employers foolishly worry that they may violate the ADA or the FMLA if they enforce a zero-tolerance policy that forbids employees to work under the influence of alcohol. The simple reality is that employers have every right to expect workers to show up sober in the morning. Furthermore, being an alcoholic is no excuse.