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Firing

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

Bad behavior was the kiss of death for Passaic employee

07/01/2008
Janice Keels joined the Passaic municipal payroll as a judiciary clerk in 1999. Almost immediately, her supervisor noted that she had poor interpersonal skills. For example, Keels complained in May 2000 about a co-worker, saying she would hit her if she had to, and repeating, “I’ll hit her” …

Track intermittent leave meticulously when you offset FMLA time with paid leave

07/01/2008
Employers are allowed to substitute paid time off for unpaid FMLA leave. But employers have to let employees know that’s what they are doing. And that can get tricky if the employee is taking intermittent leave for a chronic condition, plus leave for other personal needs such as vacation or mild illness …

Read EEOC complaint carefully: Employees can’t later expand lawsuit

07/01/2008
Typically, an employment discrimination lawsuit starts with an EEOC complaint. That document is often an employer’s first notice that an employee plans to take an employment dispute to court. Review it thoroughly to determine the scope of the problem. If the employee later tries to add additional discrimination claims, you’ll be prepared to point out that they didn’t appear in the original EEOC allegations …

UPS accused of blacklisting following disputed drug test

07/01/2008
UPS fired Greg Leach from his position as a driver after he tested positive for cocaine. Leach demanded a retest, insisting he hadn’t used cocaine in more than 20 years. The company complied, but Leach said UPS did not properly administer the test …

List all recent problems when citing reasons for firing

07/01/2008
Even when an employee has been performing poorly for some time, it’s tempting to cite just the latest problem as the reason for termination. But if you list just one firing offense, you run the risk that the employee might prove the discharge reason you used is false. That could give her a chance to take her case to a jury …

Include ‘At-Will’ disclaimer when adopting HR policies

07/01/2008
Under some circumstances, North Carolina government employees may be entitled to due process if they have a “property interest” in their jobs. That means they get a hearing and a chance to defend themselves before being terminated. Smart public employers can, however, limit that possibility by making sure that nothing in their employment policies creates a property interest in a job …

Former official sues NASCAR for $225 million

07/01/2008
Mauricia Grant, a former NASCAR technical inspector, has filed a $225 million lawsuit against the stock car racing sanctioning body for racial and sexual discrimination, sexual harassment and wrongful termination, saying “life in the garage” was appalling …

Use moonlighting, confidentiality policies to discourage outside work

07/01/2008
Most jobs demand full-time attention. That doesn’t always stop employees from taking second or even third jobs. f you want your full-time employees’ full-time attention, consider adopting a “no moonlighting” policy, plus a clear prohibition against any kind of work for the competition …