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Firing

Supervisors need to know: Honest performance assessments essential

12/01/2007

Many discrimination lawsuits are the direct result of poor performance appraisal processes. A supervisor who is eager to maintain a cordial and productive workplace may hold back on legitimate criticism to avoid rocking the boat. This tactic can backfire badly once a new supervisor begins enforcing productivity rules and downgrades an employee previously rated “stellar.” If that employee is also a member of a protected class, look out …

Got wind of harassment? Fast action can cut liability

12/01/2007

We all would like to believe harassment and discrimination can’t happen where we work. Of course, we’re dreaming if we do. Ordinary people sometimes fall back on old stereotypes or react strongly to newly perceived dangers by inappropriately striking out at a group or nationality. Fortunately for employers, isolated acts of harassment, if stopped dead in their tracks, won’t come back to haunt them years later …

Public employers, take note: Expect trial on First Amendment whistle-Blower claims

12/01/2007

Employees who work for federal, state or local government agencies have more rights than most private-sector employees. One of those is the limited right to be a whistle-blower on matters of public concern, such as alleged corruption or illegal activities …

Employees can’t sue for ‘Perceived’ religious discrimination

11/01/2007

Unlike several other forms of discrimination—such as discrimination based on perceived disability—being mistaken for a member of a religious group and then being discriminated against based on that mistaken association isn’t illegal …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …

Undocumented worker can get back wages

11/01/2007

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations …

On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …

Make sure firing decision was independent of FMLA status

11/01/2007

What does your organization do when a manager or supervisor recommends a subordinate should be fired? If you simply approve the recommendation without seeking more information, you may be asking for a lawsuit. Here’s why: If the manager’s reasons are illegal—maybe an attempt to punish an employee for asking for or taking FMLA leave—then courts will conclude that your organization shared the manager’s motives …

Employees get benefit of doubt on religious accommodation

11/01/2007

Employees are entitled to reasonable accommodation of their “sincerely held” religious beliefs. Employers face an uphill battle if they want to deny such requests because they doubt the sincerity of their employees’ beliefs. That’s because there’s very little employers can do to get such cases tossed out before they go to trial. End result? Lots of lost time—and lots of attorneys’ fees …

Reporting suspected harassment doesn’t always equal ‘Protected activity’

11/01/2007

Sometimes employees who are in trouble for poor performance try to protect themselves by reporting incidents that don’t come close to being sexual harassment. They figure that their employer won’t fire or otherwise punish them for fear of a retaliation lawsuit. But you can take heart: It’s not protected activity just because someone reports an incident. If—when viewed objectively—the conduct being reported seems far from harassment, reporting it isn’t protected, and the employee can’t charge retaliation …