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Firing

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 …

Restaurant caught in birthday suit, now it must pay

07/30/2007

Religious discrimination can take many forms, including, apparently the forced singing of "Happy Birthday" to that embarrassed-looking guy sitting with his buddies in the booth by the window.

Can we terminate manager who violates nonfraternization policy?

07/20/2007

Q Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate her employment?

Track discipline companywide to show no double standard

07/01/2007

One of the most common employment law claims is the uneven enforcement of workplace rules. The only foolproof way to counter such lawsuits …

Prior workers’ comp case? Make sure discharge reasons are plausible

07/01/2007

Illinois law protects employees against retaliation for filing workers’ compensation claims. To help your organization avoid needless litigation …

Continually asking as good as ordering, appeals court finds

07/01/2007

The 7th U.S. District Court of Appeals upheld damages for a towboat captain fired after he refused to push a load he considered unsafe …

Reporting workplace threats to HR or police is protected

07/01/2007

It’s a violent world we live in—and work in. Each year, an estimated 1.7 million workers nationwide fall victim to non-fatal crimes at work …

Arbitration covers claims for unpaid bonus and severance

07/01/2007

The California Court of Appeal recently ruled that binding arbitration mandated by an arbitration agreement could determine a former employee’s wage claims for an unpaid profit-sharing bonus and severance pay …

‘Misconduct’ makes employees ineligible for unemployment benefits

07/01/2007

Q. When will a terminated worker be denied unemployment benefits under California law?

When terminating, you don’t have to be right as long as you’re reasonable

07/01/2007

Courts aren’t set up to serve as super-personnel departments. They generally will let the experts—that’s you—decide how to manage your work force. As long as you act in good faith and believe you are doing the right thing, the courts probably won’t second-guess you …