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Firing

No-contest plea no bar to school employment

03/20/2009

If a defendant pleads nolo contendere, the criminal court system treats that as a conviction, even though a nolo contendere plea means the person neither contests the charges nor admits they are true. But then there’s the quirky realm of school employment, in which a wrinkle in the legislation governing who may work at schools means a no-contest plea isn’t necessarily a conviction.

Employees can’t count on free attorney in most cases

03/20/2009

Sometimes, employees who want to sue their employers don’t have the cash for up-front fees lawyers demand. If the employee has little money, she may ask the court to find free legal representation. But that will work only if she’s already looked hard for an attorney herself—and the EEOC or another agency has concluded her case has merit.

Lawyer fired for appraisal sues for wrongful discharge

03/20/2009

A former lawyer at Skadden Arps Slate Meagher & Flom LLP has filed a lawsuit against the law firm for terminating his employment after he wrote a performance evaluation that criticized another associate and partner.

Can I fire this employee? His volunteer firefighting makes him miss too much work

03/20/2009

Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

Memo to managers: There’s no reason to discuss why employee was terminated

03/18/2009

When it comes to discharging employees for alleged dishonesty, here’s some sound advice for managers and supervisors: Don’t discuss why the employee was terminated with anyone who doesn’t need to know. Keep the information private to avoid a possible defamation lawsuit.

Counter discrimination charges by seeking information from all witnesses

03/18/2009

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

Track when you told worker she was being fired

03/18/2009

Because employees have to meet tight deadlines for most employment discrimination claims, employers should be ready to prove exactly when they notified employees about a pending termination. With an exact date at your fingertips, you can easily get a case dismissed …

Employer can check employee cell phone records

03/18/2009

Patrick Morrissey worked for Steelcase Inc., which provided him with two cell phones, one for business and another for personal use. Both billing statements were sent to his boss, Brent Golembieski, because Steelcase paid both bills …

Documentation key to stopping that 2nd suit!

03/13/2009

Congratulations! You’ve settled a case. Now make sure the same employee doesn’t sue you again. Remind managers and supervisors to treat the employee exactly like they treat all other employees in the same position.

Set up employee complaint hotline to flag managerial abuses—and stop lawsuits

03/13/2009

All too often, low-level managers and supervisors cause misunderstandings that could have been avoided. Of course, training on company processes, anti-discrimination or anti-harassment policies and so forth can prevent many workplace problems. As a backup plan, make sure you have a way for employees to quickly notify HR about any problems.