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Firing

Merely reporting an injury doesn’t trigger FMLA notice

12/01/2006

The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave …

‘Adios, Regular Guys’; radio show sued for DJs’ harassing antics

12/01/2006

The “all in good fun” argument didn’t pan out for Larry Wachs and Eric Von Haessler, the “Regular Guys” on WKLS-FM 96 Rock morning radio show …

‘Same characteristic’ hiring can limit bias claim

12/01/2006

When it comes to proving discrimination, the first hurdle employees have to jump through is showing that it’s more likely than not that your organization discriminated based on the person’s protected characteristic. But that’s nearly impossible to prove if the replacement employee shares those same characteristics with the fired employee …

Employees criticizing the firm? Where to draw the line

12/01/2006

Execs and supervisors may bristle at criticism from employees and instinctively want to punish offenders. But that apparent insubordination can sometimes be considered protected speech under federal or state law. Knowing what’s protected and what’s not is key …

Be wary of ‘Public policy’ exception to at-Will employment

12/01/2006

While at-will employment is the standard in Pennsylvania, the right to fire an employee with or without cause is not absolute. Your organization can be sued under state law if former employees can show that they were fired in retaliation for exercising a right protected by Pennsylvania law …

Termination reasons needn’t be long laundry list

12/01/2006

Firing an employee is a painful process. But delivering the news needn’t turn into a marathon discussion or airing of every management beef about the employee …

U.S. Steel wins ADA case; worker couldn’t do ‘Essential’ parts of job

12/01/2006

U.S. Steel Corp. did not violate the ADA when the company terminated a senior technician due to a degenerative lower back condition, a federal district court judge ruled in a Pennsylvania case …

EEOC dishes up harassment lawsuit to Turkey Hill

12/01/2006

The EEOC filed a lawsuit against Turkey Hill Dairy, Inc. alleging the company maintained a hostile work environment in its Conestoga Dairy facility in Lancaster County …

Remark on religious fervor isn’t proof of biased motive

12/01/2006

It’s almost never wise to comment on an employee’s religion or religious practices. But take heart in a new ruling that shows not all inappropriate comments will be deemed discrimination …

Tardiness Can Count as ‘Misconduct’ That Bars UI Benefits

11/01/2006

Under Florida law, employees who are fired can’t collect unemployment compensation if you fired them for "misconduct."  Unfortunately, the law doesn’t clearly define misconduct …