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Firing

New Jersey’s whistle-Blower law sets tough burden for employers

03/01/2007

The Conscientious Employee Protection Act (CEPA) prohibits retaliation against New Jersey employees who bring to light illegal or unethical workplace practices …

Found liable for discrimination? You’ll owe back pay, even if fired worker starts a new business

03/01/2007

When employees lose their jobs because of alleged discrimination, the Pennsylvania Human Relations Commission (PHRC) can award them lost wages based on the difference between their past earnings and what they currently make as self-employed individuals, …

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

HIV-Positive trucker settles discrimination case

03/01/2007

A truck driver who is HIV-positive has settled an employment lawsuit against his former employer, E.C. Trading Ltd. He claimed the company cut his hours and then fired him after it learned about his HIV status …

Jury awards $150,000 to worker in Tarrant County retaliation case

03/01/2007

A Tarrant County jury has awarded more than $150,000 in damages to a former animal control officer who sued the city of Burleson for wrongful discharge …

Baker Axed for Deserting Bagels Still Has a Wrongful-Firing Case

03/01/2007

A bagel baker at a BP Connect store will proceed with an HIV-discrimination and wrongful-firing suit even though he admitted his firing was justified …

The Dirty Dozen: Manager mistakes that spark lawsuits

03/01/2007

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.

FMLA: When You Can Refuse to Reinstate a Worker

02/12/2007

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …

Managers who hire for ‘Right look’ may be discriminating

02/01/2007

Image is everything, as the saying goes. But be extra careful that your pursuit of a certain work-force image doesn’t result in the weeding out of legally protected employees (females, minorities, older workers, etc.) …