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Firing

Encourage civility, but don’t sweat every little slight

04/01/2008
Minor annoyances, favoritism or other unfair treatment in the workplace aren’t enough to sustain a discrimination lawsuit. As the following case shows, employees have to be able to tolerate some uncomfortable moments without resorting to the legal system for relief …

Make sure everyone knows to process legal docs ASAP

04/01/2008
Nothing will get an organization in hot water faster than ignoring legal paperwork. Missed deadlines may mean a default judgment, with the tardy employer missing any chance to defend itself in court. That’s why it’s absolutely crucial to have a clear process for handling any incoming legal documents …

Judge overturns Los Angeles labor ordinance

04/01/2008
In a decision some hope will lead to fewer local laws controlling how employers manage their work forces, a California Superior Court judge has struck down a Los Angeles ordinance that made it illegal for large supermarket chains taking over local grocery stores to fire existing employees …

At-Will employment and our ability to fire

04/01/2008
Q. We are a small company with fewer than 10 employees. We would like to terminate an employee who is pulling down workplace morale. What are the risks? …

Employee working while on FMLA leave? Check certification

04/01/2008
If you find out that a worker out on FMLA leave is actually working for someone else, it’s time to check the employee’s FMLA certification. If the certificate says he’s “unable to perform work of any kind,” you can and should take action …

Troublesome trainee? Document difficulty from Day One

04/01/2008
Managers and supervisors tend to cut some slack for new employees. After all, novice employees need training before mastering new skills. But if a trainee is beginning to look like she’s not catching on, it’s time to document her efforts and results—plus those of her fellow trainees. Here’s why …

Lowe’s sued for sexual harassment

04/01/2008
Three former employees of a Lowe’s store in Longview, Wash., have filed a lawsuit alleging their managers repeatedly sexually harassed and then fired them for complaining about it …

Deducting stolen funds from paychecks

04/01/2008
Q. My company terminated an employee suspected of stealing from her cash drawer. May we subtract the missing amount from her final paycheck? …

Demand concrete evidence of employee’s disability

04/01/2008
Sometimes employees look for ways to get out of performing work they find unpleasant. Some play the disability card—asking for tasks to be removed from their job descriptions as reasonable ADA accommodations. Before you give in and assign duties to more cooperative employees, decide whether the employee in question really is disabled …

Must we release personnel file to employee terminated for inappropriate behavior?

04/01/2008
Q. We recently terminated an employee for inappropriate workplace behavior. About two weeks after his last day of work, I received a letter from him requesting a copy of his personnel file. He did not state why he wanted it (although I can guess), and I’d rather not give him possible ammunition to use against the company in a lawsuit. Are we required to provide terminated employees access to or copies of their personnel files? …