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Firing

Rely on doctor’s orders when making ADA call

10/07/2008

Under the ADA, employees who aren’t actually disabled can nonetheless sue employers if the employers erroneously perceive them to be disabled. But there’s good news on this arcane ADA front …

Muslim workers at JBS Swift walk out over prayer breaks

10/07/2008

More than 200 Muslim workers walked out of the Greeley plant of meat processor JBS Swift & Co. in September to protest the company’s refusal to allow prayer breaks at sunset, a required ritual during the Muslim holy month of Ramadan. More than 100 were fired for walking off the job and not returning …

Undermining employee: An adverse employment action?

10/07/2008

To sue for discrimination, employees must prove the employer did something that amounted to an adverse employment action—a firing, demotion or some other act that substantially affected the terms and conditions of employment. Do sexist comments that undermine a female employee’s authority constitute an adverse employment action? …

Can I fire employees who may soon become competitors?

10/07/2008

Q. I just learned from a reliable source that two employees are going to start a similar business. Apparently, they have submitted paperwork that is based on the forms I used to create my own business. Is this grounds for termination? …

OK to fire slackers even if out on FMLA leave

10/06/2008

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence …

Texas congresswoman’s staffer loses discrimination case

10/06/2008

A federal court in Washington, D.C., has ruled against Elizabeth Howie, a 46-year-old black staffer for Rep. Eddie Bernice Johnson.  Howie claimed she was fired because of her race and age …

Handbook must explain leave payout terms

10/03/2008

Employee handbooks should spell out exactly what it takes to earn time off—and what happens when an employee resigns or is fired. Make sure you spell out the limitations, or you may end up stuck paying for accrued time when you discharge an employee for serious problems, such as a failed drug test …

Ohio state troopers accused of cheating are fired

10/03/2008

The Ohio State Highway Patrol (OSHP) fired 12 state troopers in September for allegedly cheating on an exam that certifies police officers to administer breath-alcohol sensing tests to suspected drunken drivers …

Prayer breaks may be reasonable accommodation

10/01/2008

Gone are the days when employers could accommodate employees’ religious practices by being flexible about who worked Saturdays and Sundays. Today, employers may have to offer additional prayer breaks in the middle of the workday, too …

Keep careful track of ADA conversations

10/01/2008

Trying to come up with a reasonable accommodation for a disabled employee? Need more information on her limitations before you can look for possible open positions that may allow her to work? Make sure someone takes charge of coordinating the process so nothing falls through the cracks …