• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

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 …

Don’t fire workers to trim health costs

09/01/2002
During Kathy Smith’s first year in a customer service job, her husband was diagnosed with heart disease and her son with water on the brain. Treatment was covered under the firm’s …

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas

Don’t wait for disabled to ask: Accommodation is two-way street

08/01/2002
Ray Birton, a cart gatherer and stockman at a Missouri Wal-Mart, occasionally forgot instructions and didn’t clock in and out correctly, resulting in paycheck errors. Birton’s mother gave his manager …

Don’t Rely on ‘Same-Actor’ Defense

08/01/2002

Q. If an employee claims she was discriminated against by the same supervisor who hired and fired her, does the employer have a defense to the discrimination claim? —S.D., New Jersey

Stick to facts with mental fitness tests

07/01/2002
Don Jackson, a county utility worker, got quite a shock one night when a psychologist called to confirm an appointment in two days. Jackson hadn’t made the appointment, his employer had. …

Don’t stack the deck in arbitration

07/01/2002
Daniel Murray, a full-time union organizer, signed a mandatory arbitration agreement as a condition of employment. The pact said arbitrators would be chosen from a list provided by his employer and …

EEOC issues more guidance on anti-Muslim bias

07/01/2002
Between Sept. 11, 2001, and May 7, 2002, the U.S. Equal Employment Opportunity Commission (EEOC) received 497 job-bias complaints on the basis of Muslim religion. That’s compared with 193 complaints over …

Be Wary of Firing Overpaid Employee

07/01/2002

Q. Is it legal to terminate an employee because he makes a high salary? —J.L., Arizona

Third-party retaliation will stand up in court

06/01/2002
Gregory Fogleman claimed that the age-old parable about a son being punished for the sins of his father played out in his workplace. As a result, Gregory’s employer could pay more …