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Firing

Read EEOC and PHRC complaints carefully to avoid surprise lawsuits later

10/01/2007

Employees are supposed to file EEOC and Pennsylvania Human Relations Commission (PHRC) complaints that fully explain the discrimination claims they’re making. The idea is to let employers know early on what the complaint is all about so that the case can be settled or sent on to court. But courts are lenient, sometimes bending over backward to allow a late claim based on general language in the EEOC or PHRC complaint …

PA Whistleblower Law imposes high standard for complaints

10/01/2007

A director of nursing for the John J. Kane Regional Center, an Allegheny County long-term care facility in Glen Hazel, sued the county, alleging she was fired for reporting unsafe conditions to authorities after a resident drowned in a bathtub in June 2005 …

How can employers get waivers of claims from terminated employees?

10/01/2007

Q. May an employer fire an employee and then ask the employee to sign a waiver of claims or severance agreement? …

Under what circumstances can an employee challenge a termination?

10/01/2007

Q. If an employee believes he has been terminated unfairly, does he have a legal right to challenge the termination? …

Don’t rely on broad diagnosis: Assess disability individually

10/01/2007

Millions of Americans have diabetes, and millions more have it but don’t know it. But with new medications and careful diet, most diabetics can control their condition and lead largely normal lives. That has implications for how employers handle their ADA obligations …

Have zero tolerance for offensive national-Origin comments

10/01/2007

A nation embroiled in war tends to be jittery and tempers run high. When anger and emotion seep into the workplace, things can get ugly. That’s why it’s important to remind everyone that you won’t tolerate comments, gags or jokes aimed at employees who may share ethnicity, religion or national origins with the “enemy” …

You can accommodate and still question employee’s disability

10/01/2007

Sometimes, it seems easier to just make an accommodation than argue about whether the employee requesting one is really disabled. But does making the accommodation mean you agree the employee is disabled? The answer is no. If the employee comes back asking for even more accommodations, you still can challenge her status.

Fire offender to decouple discrimination, employment action

10/01/2007

Remind upper-level managers: When a supervisor or mid-level manager makes comments that could be construed as racist or religiously motivated, it pays to act fast. In fact, firing the responsible manager sometimes can be the best way to go. That way, if the employee he disparaged later gets turned down for a promotion or a raise, it will be much harder for an attorney to show a connection between the supervisor’s biased views and the denied opportunity …

Document good faith when disciplining for rule violation

10/01/2007

Employees who sue for sex or other forms of discrimination under the Texas Commission on Human Rights Act often claim their employer based discharge or other punishment on trumped-up charges. Employers can win these cases if they have good records showing their actions were reasonable and “in good faith” …

Negligent hiring and supervision? That’s a tough case in Texas

10/01/2007

While employees can file negligent-hiring and supervision claims when they suffer trauma at the hands of a rude and crude supervisor, such cases rarely end badly for employers. That’s because an employer’s obligation is reasonable and doesn’t require being clairvoyant …