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Firing

You can terminate employees on FMLA leave

07/11/2008
Employees who are in trouble often ask for FMLA leave. They seem to believe that asking for or taking FMLA leave protects them from disciplinary action. That’s a myth. The fact is, being on FMLA leave doesn’t protect employees from legitimate disciplinary action unrelated to their time off …

Palace employee allegedly makes off with king’s ransom

07/11/2008
Palace Sports & Entertainment is suing a former employee, claiming she used a company credit card to make $1.8 million in unauthorized personal charges. Amy McDonald, a former accounting manager, was authorized to use the card for business purposes …

Ignoring harassment? You may be hit with more than claims

07/09/2008
Ignore complaints about any kind of harassment, and you may soon find that the employee who complained will hit your organization with more than just claims under federal Title VII and the Illinois Human Rights Act (IHRA). He or she also may sue for common-law claims like assault and battery and intentional infliction of emotional distress …

Radio station manager’s promises strike a sour note

07/09/2008
Kassie Dargo worked on-air and in sales at classic rock WLUP-FM radio in Chicago. In March 2007, Rob Morris, program director of Clear Channel’s top-40 KDWB-FM in Minneapolis, contacted Dargo to recruit her for a morning co-host position …

Make sure two representatives are present during termination meetings

07/08/2008
Nothing spurs a lawsuit like a discharge, and such cases often boil down to who said what, and when. That’s why it’s wise to have at least two management-level representatives present at all termination meetings—perhaps one supervisor and one HR rep. If the termination leads to litigation, the two people can testify about what happened …

Employees don’t get to set work standards—You do!

07/07/2008
It’s far too easy to lose control over your workforce. All you have to do is let employees dictate how supervisors measure their performance. Don’t let it happen to your organization. Instead, let employees know how you will judge how well they’re performing and then stick with those measures …

Feel free to set punishment that fits the crime

07/07/2008
Employers can and should decide each employee discipline case on its own merits. Just make sure someone in HR or a supervisor keeps close tabs on all discipline and documents the decision. Notes should include specifics: the rule broken, its effect and its relative seriousness …

Legal clock starts when you tell worker she’s losing job

07/07/2008
If you plan to terminate employees who work for you under contract, plan to document exactly when you tell them their contracts won’t be renewed. Here’s why: Employees have only a short time to file discrimination claims. If they miss the deadline, they lose the right to sue …

Be careful with doctor certifications: Union contract may trump FMLA rules

07/07/2008
Employers can insist that employees submit medical certification of their need for FMLA leave within 15 days. But what happens if a union member is denied FMLA leave because the employer didn’t get the certification within the 15-day limit? …

Make sure employees understand your FMLA calendar

07/07/2008
FMLA regulations provide employers with four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. That may mean doing four calculations every time an employee wants FMLA leave …