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Firing

EEOC sues modeling school over firing of pregnant director

01/01/2007

The EEOC recently filed a lawsuit against Barbizon School of Modeling of Atlanta for firing a director five days after she gave birth. The former director, who worked at its Macon location, claims Barbizon terminated her because of her pregnancy …

‘Sexist attitude’ isn’t direct evidence of discrimination

01/01/2007

To support sex discrimination lawsuits, employees must do more than claim their supervisor had a “sexist attitude.” Without more proof of job-related impact, complaints about supervisors with attitude aren’t enough direct evidence …

Homeland Security’s Miami office to pay $2.5 million in bias lawsuit

01/01/2007

When it comes to discrimination laws, you’d think the federal government would know the rules. Yet a jury recently ordered the U.S. Homeland Security Department to pay $2.5 million to a former employee in a bias lawsuit …

Florida Workers’ Comp Law: What Is ‘Maximum Medical Improvement’?

01/01/2007

Even though Florida’s workers’ compensation (WC) system includes many safeguards to protect against abuse, you must still stay on top of cases to ensure that you pay only legitimate benefits …

Handle application liars consistently: Reject all or none

12/01/2006

As an employer, you can’t always wait on a background check before offering a job, so you have to rely on applicants’ oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty …

One simple mistake can entitle workers to UI benefits

12/01/2006

When you terminate an employee for refusing to accept a schedule change, that person typically isn’t eligible for unemployment compensation. But if your organization makes one little mistake in such circumstances, it could be on the hook for benefits …

Be wary of discussing sensitive personnel issues via e-mail

12/01/2006

You’ve got (legally explosive) e-mail. That’s the message a Broward Circuit Court jury recently delivered to United Parcel Service in a court decision that hinged on a single e-mail sent by a company official …

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …

Documenting ‘In Case of Litigation’ Isn’t Proof of Job Bias

12/01/2006

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? …

Navigating the National Labor Relations Act

12/01/2006

Congress passed the National Labor Relations Act (NLRA) in 1935 largely as a way of raising depression-era wages. The law gives employees basic rights to participate in unions, bargain collectively about compensation/ work conditions and engage in other protected "concerted activities" …