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Firing

No employer duty to provide ‘Perfect’ accommodation

08/01/2007

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation …

Even after election, you still need solid reason to discharge nonsupporters

08/01/2007

It’s a practice as old as politics: When there’s a newly elected sheriff in town, deputies left over from the old administration may lose their jobs. But if you’re the HR professional handling the changes, make sure you know which employees can be dismissed and which cannot be merely because of their political affiliation. As the following case shows, public employees in nonpolicy positions are protected from post-election bloodbaths …

Vonage to employee: ‘Come back after you convert’

08/01/2007

The EEOC has filed suit against Vonage Holdings Corp., based in Holmdel, for terminating a technical service agent because he is an Orthodox Jew. The lawsuit alleges that Vonage America Inc. barred the agent from taking a required six-week training course because he had to miss time to observe Jewish holidays …

Can we fire for incomplete medical cert?

08/01/2007

Q. An employee recently has contracted a serious health condition for which she requests FMLA leave. The medical certification form, completed by her physician, does not indicate the probable duration of her condition. Can we suspend the employee for the physician’s failure to submit a sufficiently complete medical certification form? …

Fire before you hire: Put more burden on job-seekers

08/01/2007

Hiring managers spend too much time interviewing candidates—and asking them the wrong questions. Then they’re often surprised to have to fire those same candidates a few months later after discovering that good interview skills don’t necessarily signal a great job fit. The problem: Employers often hire for hard skills but fire for soft skills, says Karl Ahlrichs of Hiring Smart, an Indiana firm specializing in employee selection. Instead, says Ahlrichs, “Our new slogan should be, ‘Fire them before we hire them.’” …

The whole truth: Discrimination costs Philips Lighting $164,850

08/01/2007

A female temporary worker on a long-term assignment for NJ-based Philips Lighting Co. won a $164,850 verdict for gender discrimination against the company. The woman, who worked in the warehouse of the company’s Mountaintop, PA, plant, claimed the company offered full-time positions only to male temps. She asked about full-time employment several times and was told she was next in line. Instead, she was fired …

Not all absences are equal; punishment needn’t be either

08/01/2007

You know you can’t go easy on one person for attendance problems and come down hard on another for the same offense—especially if he or she belongs to a protected class. But, as the following case shows, courts will conclude a discipline process wasn’t discriminatory if you can show that tardiness or absenteeism affected important work goals, such as productivity …

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …

Houston jury awards manager almost $1 million for age bias

08/01/2007

A Houston-based seismic technology and equipment company is facing a nearly $1 million jury verdict as the result of a lawsuit brought by one of its former manufacturing managers. Input/Output terminated Gaines Watkins in 2002 when he was 68 years old, claiming the company was making changes that he was “incapable or unwilling” to implement. Watkins sued, claiming he was fired because he didn’t fit the company’s new youthful image …

Evaluating employee performance without creating legal liability

08/01/2007

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance …