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Firing

Whistle-Blower law doesn’t limit right to sue for nongovernment reporting

09/01/2007

Before the Illinois Whistleblower Act became law, employees could sue employers for retaliatory discharge if they reported wrongdoing either internally or to the government or the media. Some lawyers thought the act wiped out such broad employee protections. Now an Illinois appeals court has clarified that employees are protected even if they take their complaints outside an employer’s formal resolutions process …

Complaining about working conditions—And public policy violations—Also protected

09/01/2007

An employee who reports that his or her employer is violating state or federal law may be protected from discharge. The employee can sue for retaliatory discharge and also on the premise that firing him or her violates public policy …

Providing more leave than required? You can legally cut back

09/01/2007

Some employers offer more than the 12 weeks’ unpaid leave annually that the FMLA grants to eligible employees who need to care for themselves or close family members who have a serious health condition. But that doesn’t mean they have to keep doing so. It’s OK to change your leave policy to the legal minimum and then start disciplining employees who exceed the FMLA allotment …

Gender-Bender Liability: More States, Cities Make It Illegal to Discriminate Based on ‘Gender Identity’

09/01/2007

Don’t fire an employee for cross-dressing or allow co-workers to harass a female worker who acts masculine until you understand your potential liability under the increasing number of “gender-identity discrimination” laws. Such laws typically prevent discrimination against workers or applicants because they don’t conform to the stereotypes of how a man or woman looks, lives or acts …

Former Fresno State volleyball coach awarded $5.85 million

09/01/2007

California Superior Court jury in Fresno has awarded $5.85 million to a former Fresno State volleyball coach who filed a discrimination suit after she was fired in 2004. The award covered back wages, future lost pay and emotional distress …

Must we grant time off for rehab?

09/01/2007

Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to participate in a rehabilitation program. Does the California Labor Code require us to grant him time off?

Document discharge reasons before taking action

09/01/2007

Faced with a performance problem, too many employers seize on the first reason to discharge an employee instead of thoroughly reviewing the person’s work and documenting any problems in his or her file. That’s fine, if the firing rationale stands up to scrutiny and the employee doesn’t sue. But if the employee claims some form of discrimination, you want the reason you chose to be rock-solid …

Without clause, employers can’t escape paying full wages

09/01/2007

When it comes to employment contracts, it’s wise to include an escape clause. Here’s why: If you don’t specify that you can terminate the contract early and then find yourself having to eliminate the employee, you may have to pay that employee the full amount he or she would have earned working the entire term of the contract …

Limited right to terminate employees whose wages are garnished

09/01/2007

Q. Every time we turn around, a certain employee is having his wages garnished. We’re sick and tired of the added paperwork and are ready to terminate his employment. Is this a valid reason? …

Georgia law requires issuing DOL-800 forms for all separations

09/01/2007

Q. It has always been our practice to issue separation notices only when we involuntarily discharge or lay off an employee, but our new plant manager believes we have to issue them even when an employee resigns voluntarily. What’s the rule? …