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Firing

Customer complaint can be basis for discipline

09/01/2007

Employers can’t cater to every customer’s whim, but they can respond to complaints about employee behavior without worrying that a judge will second-guess their decision …

You can discuss absenteeism without violating disability law

09/01/2007

Employees with disabilities may be absent more than other employees. That doesn’t mean you can’t reasonably ask about those absences. In fact, courts have ruled that it’s not necessarily harassment even when supervisors land hard on disabled employees who are frequently no-shows …

Do you know whom you’re disciplining?

09/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied …

Clear Work Rules—Like a No-Lying Policy—Help Employers Beat Unemployment Comp Claims

09/01/2007

One of the most important moves Pennsylvania employers can make to cut unwarranted unemployment compensation liability is to establish clear work rules. Those rules should include a requirement that all employees act honestly. Explain to all employees that violating the honesty rule is grounds for termination …

Mercer County caseworker loses discrimination suit

09/01/2007

Jeffrey Hawthorne, a Mercer County Children and Youth Services (CYS) caseworker, sued the agency for gender discrimination, alleging his supervisors wanted to create an “all-female work force,” and “treated men differently from women” …

The hitchhiker’s guide to hiring, harassment and firing

09/01/2007

Tameisha Wilson, of Penn Hills, has filed an EEOC lawsuit against Grand Rapids, MI-based Gainey Transportation, claiming she was subjected to sexual comments, threatening language and unwanted touching after she joined the company as a trainee in October 2006 …

Discipline: Step-by-Step

09/01/2007

Q. What is progressive discipline? …

Intermittent-Leave Abuse? Double-Check Facts Before You Act

09/01/2007

Do you have employees on intermittent leave? Are they leaving work early for “medical reasons” at predictable times? Then your organization may be the victim of intermittent-leave abuse. It may be tempting to discipline or fire employees whose leave patterns (e.g., falling on Mondays or Fridays) suggest abuse. But you’re better off investigating thoroughly before you act  …

You must notify employee when leave is almost up

09/01/2007

Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave …

Catch reverse discrimination before it becomes federal case

09/01/2007

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late …