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Firing

Writing reviews: Steer clear of two common errors

06/17/2008
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Don’t let tardiness influence FMLA leave

06/17/2008
Ann Weichman, an account underwriter at Chubb, was a pain to supervise because she was so frequently late for work. Then, a few days after Weichman took FMLA leave, she was late for nonmedical reasons. The company had had enough and fired her. She sued for retaliation and interference with her FMLA rights …

Time off for church TV?

06/17/2008
Grocery store cashier Kimberly Bloom asked for Sundays off work for religious reasons. Although the store had a voluntary shift-swap system so employees could trade days with co-workers, Bloom told her boss that religious convictions prohibited her from working Sundays—or from asking co-workers to work for her …

You don’t have to ask for FMLA certification for every absence

06/12/2008
Balancing business needs against employees’ legitimate FMLA rights is one of the hardest parts of managing absenteeism. Now there’s one less thing to worry about. A new case makes it clear that you don’t have to request an FMLA certification every time an employee calls in sick …

Insist all harassment allegations go to HR for review

06/12/2008
Nothing will cause trouble faster than a manager or supervisor who doesn’t report a subordinate’s alleged harassment. If no one reports the problem, it may resurface later—for example, after the employee has been discharged for valid reasons …

Michigan religious employers have ‘Ministerial exception’

06/12/2008
A Michigan appeals court has ruled that religious employers have the right to make some employment decisions based on a constitutional “ministerial exception.” Essentially, employees hired to carry out an institution’s religious mission can’t sue under civil discrimination laws …

Retain supervisors’ notes, just in case discrimination rears head years later

06/12/2008
Managers often don’t realize how important it is to keep notes and other records for a long time, even after an employee has quit. Remind them that employees have up to three years to sue under the Elliott-Larsen Civil Rights Act (ELCRA) …

Warn managers and supervisors: You may be personally liable for discrimination!

06/12/2008
Now is a good time to remind management that the Elliott-Larsen Civil Rights Act (ELCRA) holds managers and supervisors personally liable for any violations. That means their personal assets are on the line if an employee wins a discrimination lawsuit …

House passes off-Duty activities bill

06/12/2008
In a vote split along party lines, the Michigan House of Representatives passed legislation that would prohibit employers from firing or refusing to hire workers because they engage in legal off-duty activities such as smoking …

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …