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Firing

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 …

Accommodate workers’ eating needs when it’s medically necessary

11/01/2003
You must accommodate employees with disabilities. But what’s technically considered a “disability” under the Americans with Disabilities Act (ADA)? The law says it’s any physical or mental impairment that limits one …

Do the math before taking action
against employee on FMLA leave

11/01/2003
When calculating an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave, always double-check your math, then run it by an HR boss or employment lawyer.
While you …

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

An unsigned contract can still be legally binding

11/01/2003
Issue: Some courts consider agreements, signed or unsigned, to be valid, binding contracts.
Risk: A manager’s verbal promise could lock your company into legal agreements it must follow …

Firing for ‘moral issue’ is legal but unwise

11/01/2003

Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida

Firing an H-1B worker? Notify feds first

11/01/2003
Organizations that employ foreign workers on H-1B visas must now take an extra step when terminating them: notifying the federal government. Example: A software company hired a programmer on a …

Mind your P’s and P’s: Patience and proof are best defense against lawsuits

10/01/2003
Some managers are reluctant to discipline minority employees or others in “protected” classes. That’s not smart, and it can come back to haunt you if you don’t discipline all employees evenly. …

Nonunion shops: You can be liable for ‘unfair labor practices’

10/01/2003
Before you lash out against workers who rise up against a pay issue or other working condition, stop yourself. The National Labor Relations Act (NLRA) protects employees’ rights to engage in …

Unionized or not, beware of ‘unfair labor practices’

10/01/2003
Issue: Punishing workers for protesting work conditions could constitute “unfair labor practices”, even if your work force isn’t unionized.
Risk: Defending an NLRA claim …