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Firing

Hired a dud? Double-Check that person’s qualifications and sniff out exaggerations

02/01/2007

You’ve no doubt hired a candidate who looks great on paper but quickly shows deficiencies. The experience he or she listed on the résumé isn’t apparent when the person starts work. Before long, you realize your mistake and fire the new employee, who then sues for discrimination …

Listen for hints about illness … they may be FMLA notice

02/01/2007

The FMLA’s notice provision requires employees, to be eligible for FMLA leave, to let their employers know that they suffer from a serious health condition. Merely telling a supervisor “I’m sick” doesn’t cross to the threshold of a legitimate FMLA notice. But it’s important for supervisors to know that employees, on the other hand, don’t need to say something as explicit as “I need FMLA leave because I have X illness” …

390,000 reasons to avoid religious talk at work

02/01/2007

A new Arizona court ruling offers a good reminder that asking employees about their religious practices is irrelevant unless the employee is requesting a religious accommodation, such as time off to worship …

Can a company be liable for race-biased firing if decision-maker didn’t know the person’s race?

02/01/2007

The U.S. Supreme Court has agreed to decide on an important race-discrimination employment issue: whether a fired employee can win a race-discrimination lawsuit when the manager who pulled the trigger on the termination didn’t know the employee’s race …

Florida’s whistle-blower law doesn’t cover report of co-worker assault

02/01/2007

Florida’s Whistleblower Act protects employees from retaliation for bringing wrongdoing to the proper authorities’ attention. But the law covers only illegal activities that are purposely committed for the employer’s benefit …

Victoria’s Secret lawsuit serves as warning about pregnancy bias

02/01/2007

The manager of a Tampa Victoria’s Secret store recently filed a complaint alleging that the store fired her because she was pregnant. The woman alleges that management told her the pregnancy “was going to be a problem” …

Black workers sue Forsyth over employment discrimination

02/01/2007

Five current and former employees filed lawsuits against the city of Forsyth, its mayor, the city council and numerous other officials for alleged civil rights violations …

Johnson & Johnson sued again, this time from the executive suite

02/01/2007

A former chief medical officer for Johnson & Johnson’s Ethicon Inc. has filed a retaliation and discrimination lawsuit, claiming the company fired him for voicing product safety concerns and pushing for product recalls …

You can pay lost wages, then fire reinstated employee

02/01/2007

In a unionized workplace, it can be tricky when an arbitrator—while interpreting a collective-bargaining agreement with the union—second-guesses the employer’s decisions …

211,000 reasons to make age-blind employment decisions: Employee can sue for mental anguish

02/01/2007

If Texas employers need any more reasons to avoid making hiring, firing, compensation or work condition decisions based on a person’s age, here’s a good one: Texas law says employees who prove their employers fired them due to their age are able to collect damages for mental anguish …