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Firing

Retaliation: The legal risk of ‘getting back’ at employees

04/01/2008
Most managers know that it’s against the law to discriminate against employees and applicants because of their race, gender, age, religion or disability. But you may not know that those same federal laws also make it illegal for employers and supervisors to retaliate in any way against employees who voice complaints about on-the-job discrimination.

Evenly enforce appearance, grooming rules

04/01/2008
For the most part, you are free to set and enforce grooming and dress standards for your employees. But here’s an angle to consider when disciplining colorful employees: You must make sure you apply the rules evenhandedly. Don’t single out anyone who belongs to a protected class for special enforcement of the rules …

‘Tuesday Massacre’ victim comes out with both barrels blazing

04/01/2008
Stephen A. H. Keefer, former director of information technology for Pennsylvania’s House Democratic Caucus, has filed a wrongful termination suit, alleging he was canned to take the heat off House Majority Leader William DeWeese …

Section 1981 Claims

03/16/2008

HR Law 101: Section 1981, a little-known section of the Civil Rights Act of 1866, prohibits racial discrimination in the making and enforcement of contracts. Now, employees are increasingly using Section 1981 instead of Title VII to sue for discrimination because there’s no cap on damage awards …

Disability still your call, even if co-workers ‘Accommodate’

03/01/2008

Sometimes, supervisors are the last to know an employee wants an accommodation for a disability. Instead, the employee may be making her own accommodations by asking co-workers for help. Of course, the help may end up keeping them from doing their own jobs. What should you do when you find out? …

Repeated outbursts bar unemployment comp

03/01/2008

Employers have a right to expect a certain level of decorum in the workplace. Employees fired for using crude language or engaging in threatening behavior won’t likely be able to collect unemployment compensation, since their own misdeeds caused them to become unemployed …

Ohio Supreme Court places limits on public-Policy terminations

03/01/2008

In a dramatic reversal, the Ohio Supreme Court significantly limited the reach of its earlier decision in Coolidge v. Riverdale School Systems. That 2003 decision led attorneys and employers to conclude that it violated Ohio state public policy to terminate any employee who was eligible to receive temporary total disability payments under the Ohio Workers’ Compensation Act …

If possible, manager who hired should be the same one who fires

03/01/2008

It stands to reason that a manager who thinks enough of an applicant to hire her won’t turn around and fire her a few months later in a fit of discrimination, especially if the applicant belonged to a protected class. That’s why it makes sense to have the same people who made the hiring decision be part of the termination process if the need should arise …

Temporary condition might be disability if severe enough

03/01/2008

The ADA makes it illegal to discriminate against applicants or employees with disabilities. Typically, only permanent conditions count. But not always. Some temporary medical conditions also can constitute disabilities if they are severe enough at the time the condition exists …

Firing reason doesn’t have to be perfect to withstand discrimination claims

03/01/2008

As a conscientious HR pro, you no doubt try to make the best employment decisions you can, based on legitimate reasons and valid evidence. But that doesn’t mean you have to treat the HR office like a court of law, spending weeks conducting investigations and sorting through evidence …