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Firing

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …

Supreme Court: Fewer small firms covered by ADA, but check state law

06/01/2003
It’s clear that companies with fewer than 15 employees aren’t required to comply with the Americans with Disabilities Act (ADA). But do company shareholders …

Nondisabled workers can claim ADA retaliation

05/01/2003
Warning: As odd as it may sound, don’t believe you’re safe from an Americans with Disabilities Act (ADA) lawsuit if the employee fails to prove a disability. Most people think …

Don’t let abusive staff use disability as excuse; you can fire for behavior

05/01/2003
Don’t allow employees to use their disabilities as justification for poor behavior, especially if it clearly threatens your workplace. Even if an employee is …

Lower-level bias can illegally taint firing decision

03/01/2003
When it comes to discrimination affecting your company’s hiring and firing decisions, what you don’t know can hurt you. That’s why it’s important to reiterate …

Simple pain complaint doesn’t count as FMLA notice.

03/01/2003
A worker who previously fractured his coccyx told his boss he was “in pain from his tailbone” and needed to go to the doctor that day. Although the boss told him …

FCRA: How to comply with background-check rules

03/01/2003
THE LAW. The Fair Credit Reporting Act (FCRA) regulates how your company performs background checks on job applicants. Contrary to popular belief, this federal law …

Bankrupt worker protected from bias, but only if he formally filed

02/01/2003
The U.S. Bankruptcy Code says it’s illegal for private companies to fire employees, or refuse to hire applicants, solely because they’ve filed for bankruptcy. But what …

Doing half a job is not a reasonable accommodation request

02/01/2003
After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn’t have any disability that would prevent him from doing …