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Firing

Undocumented workers can sue for retaliation under FLSA

02/01/2003
Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …

Beware new court trend: Employees use expert to shift blame for failure

01/01/2003
If an employee drags you into court, don’t be surprised if the worker totes along his own expert witness to put your company in a bad light. More employees are …

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Firing employees on FMLA leave: Occasionally legal, usually unwise

12/01/2002
While he was taking leave for depression under the Family and Medical Leave Act (FMLA), Jerry Ogborn got the ax. Reason: During the absence, his employer discovered that Ogborn, a union …

Job investigation won’t cause ‘mental distress.’

12/01/2002
A New York bank investigated a worker over forged signatures on her expense reports. It eventually fired her and escorted her from the premises. She sued the bank, saying the …

Care for healthy child wins FMLA coverage

11/01/2002
The walls of employee FMLA protection have grown higher with a new court ruling that says a worker must be given leave to look after his healthy children while his wife …

Less prestigious job leads to constructive discharge

11/01/2002
After a top-performing African-American server at Denny’s was transferred to a different location, the restaurant unexpectedly reassigned her to busing tables. She walked off the job and sued, alleging that she …

Regulating off-duty conduct: How far can you go?

11/01/2002
Say you find out that your sales manager is dating the marketing director of your biggest competitor. Or that your cashier has a bottle-of-scotch-a-day drinking habit after work. Can you fire …

Don’t deny ADA accommodation due to ‘potential’ seniority break

10/01/2002
After 18 years as a truck driver, Donald Dilley developed back trouble and was limited by his doctor to lifting less than 60 pounds at a time. Dilley asked for routes …

Employer’s extortion ignites wrongful discharge claim

10/01/2002
The owner of a ranch hired B.J. and Nancy Logan to work on his property. When the Logans got a permit to develop their own property near the ranch, the ranch …