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Firing

Union fails to pursue grievance? That’s its problem

01/01/2008

If an employee’s union rep doesn’t file a grievance and your organization later fires the employee based on an incident that could have been the subject of the grievance, the union is most likely on the hook for any damages …

Whistle-Blower alert: Don’t warn against reporting alleged wrongdoing

01/01/2008

What’s one of the quickest ways to a California Labor Code whistle-blower lawsuit? Discourage an employee from reporting to the government or law enforcement what she sees as possible illegal activity. If disciplinary action against a formerly good employee closely follows your discouraging words—watch out! Litigation won’t be far behind …

Do you know what your rogue supervisors are doing?

01/01/2008

It takes just one low-level manager or frontline supervisor to create havoc in the workplace. These people set the tone of workplace communications, and if that tone has sexual content, others are likely to follow the lead. That’s one good reason to make sure you do more than lecture on sexual harassment. Instead—especially if branch offices are located away from headquarters—HR should make spot visits to see whether anything is amiss …

Employee saying he ‘May’ have medical problem triggers FMLA

01/01/2008

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit …

Justified firing doesn’t mean employee can’t show harassment

01/01/2008

Sometimes, a problem employee claims harassment as a way to protect herself from legitimate discipline. When that happens, it may be tempting to ignore such claims on the presumption they are bogus. It may be tempting to dismiss her complaints as much ado about nothing. But you’ll ignore her at your own peril …

Ability to conceive irrelevant to pregnancy discrimination

01/01/2008

The Pregnancy Discrimination Act prohibits discrimination against pregnant women and those who may become pregnant. It also makes it illegal to retaliate against these women. In an interesting twist, the actual ability to become pregnant isn’t particularly relevant as long as the employee who claims discrimination can show her employer thought she might become pregnant …

Overturning human rights commission decisions is an uphill battle

01/01/2008

When defending the termination of an employee who has filed a complaint with a local human rights commission, you must take the commission’s process seriously. Always get your attorney involved early, so you can defend yourself during the crucial initial stages. And don’t count on getting the commission’s findings overturned on appeal. Indiana courts have shown they won’t readily overrule commission conclusions …

St. Vincent Hospital fires worker over threatening note

01/01/2008

A white environmental services attendant recently sued St. Vincent Carmel Hospital, claiming racial discrimination and retaliation. He was fired for violating the hospital’s anti-violence policy …

The 10 rules every HR pro must know

01/01/2008

Lawsuits may be inevitable in today’s litigious society, but losing them is not. Follow these 10 rules to prevent the most common employment-related lawsuits—or at least increase your chances of winning them.

Show fairness by documenting all rule violations, discipline

01/01/2008

You must be prepared to show that you treated each and every employee equally when it comes to discipline. Otherwise, you may find yourself in the same situation as, in the following case, an employer that couldn’t recall how it had disciplined a white employee for violating an attendance rule, but fired a black employee for the same infraction …