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Firing

You can require tests to set disability accommodations

02/01/2004
Issue: How to follow Americans with Disabilities Act rules requiring an “interactive process” with disabled employees.
Benefit: You can reject an accommodation request if the employee won’t cooperate in the …

You can enforce ‘last-chance’ pacts with on-the-ropes employees

01/01/2004
Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They’re common in cases involving alcohol abuse, drug abuse …

Is quitting the same as being fired?

01/01/2004
The Supreme Court agreed last month to clarify a vexing question about employer liability in sexual harassment cases: Do employees who quit and then claim harassment possess the same rights as …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004
The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Managers can sink you with ‘spiteful’ references

01/01/2004
Issue: Court ruling makes it easier to win defamation suits stemming from poor job references. Risk: Thousands of dollars in defamation claims. Action: Limit the number of people authorized …

Don’t take a manager’s word that he’s not retaliating

01/01/2004
Issue: Courts will frown on “rubber-stamped” discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal “conspiracy” to retaliate. Action: …

Don’t mess with FMLA’s leave restrictions

01/01/2004
Issue: Courts continue to ambush employers’ attempts to tighten leave-notification procedures. Risk: Following a policy that violates federal law. Action: Route employee-absence calls to one person (possibly you) who …

Steer clear of these 7 red flags before you terminate

01/01/2004
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React quickly to employee threats

01/01/2004
Issue: Firing someone who threatens a co-worker may be worth the risk of being sued for wrongful discharge. Risk: Wrongful-discharge claims versus serious injury or even death: Which would be …

Here’s more reason to stick to the facts when providing employee references

12/01/2003
Many states provide some immunity for employers who furnish truthful, fact-based employment references. But, as the following case shows, that immunity can evaporate if you provide false information or make malicious …