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Firing

Choose your words carefully when explaining discharge

04/01/2008
You are no doubt familiar with the saying, “If you can’t say anything nice, don’t say anything at all.” Nowhere does that apply more than in the workplace when you have to discharge someone. What supervisors say about former employees who have been discharged can easily backfire …

Beware using medical costs as employment factor

04/01/2008
It may be tempting to refuse to hire an applicant who could raise your health insurance costs. By the same token, it may seem like a good idea to terminate employees who keep filing expensive health insurance claims for themselves or their dependents. Don’t do it! The penalties for such discrimination can be high …

No separate emotional distress claims if conduct is covered by IHRA

04/01/2008
Employees and their lawyers are always looking for ways to increase the damages they can extract from employers that make mistakes. Fortunately, they can’t heap additional claims on top of a basic claim made on similar grounds under the Illinois Human Rights Act (IHRA). If the IHRA provides a remedy, that’s the only one available for the same basic claim …

Sleeping on the job may mean no unemployment benefits

04/01/2008
Under the Illinois Unemployment Insurance Act, terminated employees are not eligible to receive unemployment compensation benefits if they are discharged for “misconduct.” Misconduct is a deliberate and willful violation of a reasonable work rule or policy. But what about an employee who unintentionally violates a rule or policy? …

Are we allowed to punish employees whose wages are assigned?

04/01/2008
Q. I’m suspicious of employees who can’t handle their own financial affairs. Frankly, I’d rather not have irresponsible people working here. Can I fire an employee whose wages are assigned? …

Termination after maternity leave may violate the FMLA

04/01/2008
Not every employee wants to take FMLA leave, and employers sometimes don’t designate paid time off as FMLA time. But an employee doesn’t have to request FMLA leave in order to be protected by the law. That means you can’t refuse to reinstate an employee when she returns from leave. Doing so would amount to interference with the right to FMLA leave …

Using an arbitration agreement? Keep detailed records of employee acceptance

04/01/2008
If you use an arbitration agreement or have any other contract-based arrangements with employees, make sure the company keeps all records showing when and how the agreement was presented or signed. You may need that information many years later …

Remedy for discrimination can include neutral references and contact reporting

04/01/2008
Employees who win discrimination lawsuits against their former employers sometimes are entitled to more than money. In the right circumstances, they are entitled to other things to make them “whole” again, including positive references, notice when a prospective employer contacts the former employer and changes to the separation notice …

Half of employers have fired staff for online abuses

04/01/2008
More than a quarter of employers say they’ve fired employees for misusing e-mail, and one-third have fired workers for misusing the Internet, according to an annual American Management Association survey …

Dilbert and the drunken lemurs

04/01/2008
The Catfish Bend Casino in Iowa fired David Steward recently after surveillance video showed that Steward posted a Dilbert comic strip on an office bulletin board.  The comic strip implied the company’s bosses were a bunch of “drunken lemurs.” …