• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

Attempted suicide: Grounds for dismissal or proof of disability?

10/19/2009

Employers don’t have to put up with employees who pose a safety hazard to others—or to themselves. While suicidal behavior at work may indicate that an employee is suffering from a serious health condition (covered under the FMLA) or a mental disability (covered under the ADA), it isn’t an excuse for violating established safety rules.

Use eyes and ears to spot, stop harassment

10/15/2009

Some work environments are more at risk than others for sexual harassment to develop and fester. And those employers have a special obligation to look for harassment—and stop it. For example, if a few women now hold jobs traditionally performed by men, make sure the women aren’t being subjected to sexually demeaning or offensive conduct.

Stop post-firing harassment suits by tracking and investigating every complaint

10/15/2009

An employee who has been discharged may go looking for some underlying reason other than poor performance to explain why she got the ax. And she may suddenly remember incidents that now seem awfully a lot like sexual harassment. Your best defense to such charges is a robust harassment and discrimination policy that tracks every complaint.

Can an employee sue us and our parent company?

10/15/2009

Q. Our company is owned by a foreign parent company. A former employee who was discharged last year recently filed a suit against us and our parent, claiming age discrimination in violation of the Minnesota Human Rights Act. Will the court dismiss our parent company from the lawsuit?

Age bias nets almost $1 million for El Paso airport food manager

10/05/2009

A U.S. District Court jury in Texas has awarded $992,500 in an age discrimination lawsuit filed by a former employee of the company that provides food and beverage services for El Paso International Airport.

Nail down documentation before firing harassment complainant

10/05/2009

Sometimes, employers have to fire employees—even those who have recently filed successful discrimination complaints. Don’t be afraid to do so. You can beat a bogus retaliation claim by making sure you have good, solid documentation to substantiate the firing.

Petro services firm settles reverse discrimination lawsuit

10/05/2009

An Alice-based oil field services company has settled a reverse race discrimination lawsuit filed by the EEOC. The commission filed the suit in 2008 on behalf of Bert Yaklin, a white parts-department employee of Coil Tubing Services, which supports the petroleum industry in Texas and Louisiana.

High court upholds firing lactating worker

10/05/2009

Although state and federal laws protect new mothers from discrimination, the Ohio Supreme Court has ruled it was legitimate for an employer to fire an employee who did not ask for an accommodation to pump breast milk. The court concluded that the employer didn’t discriminate on the basis of sex, but simply terminated an employee for insubordination.

Accept public funds? Then don’t use religion as basis for making employment decisions

10/05/2009

Businesses and nonprofits that receive taxpayer money and contract with government agencies to provide services may be prohibited from using religious criteria in hiring and firing. And hiring on the basis of someone’s religious beliefs or affiliation may be proof that an employer has crossed the line.

Firing for positive drug test? Prepare to defend test validity

10/05/2009

Generally, employees can appeal if they’re denied unemployment compensation because they were fired for cause. To win, they must show they were fired without just cause. However, the rules change when an employee is fired for a positive drug test.