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Firing

Track discipline for equitable punishment

06/08/2012

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

Reporter fired for stripping files EEOC discrimination suit

05/30/2012
A former Houston Chronicle reporter has filed a sex discrimination complaint against the newspaper claiming she was illegally fired for failing to inform her bosses that she was moonlighting—as a stripper.

Court: Union contract limits arbitrator’s role

05/30/2012
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.

Promises, promises: Well-intentioned words may send fired employee in search of an attorney

05/25/2012

Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless ­litigation and cost thousands of dollars in legal fees even if you win in the end.

Beware firing after employee’s pay complaint

05/25/2012
Make sure before you fire someone that she’s been paid everything she is owed. And if the employee has complained about pay irregularities, be sure to investigate right away.

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.

Jury: He’s no whistle-blower, just an abusive manager

05/24/2012

The Pennsylvania Department of Environmental Protection said it fired Steve Barto from his job as an environmental group manager because he intimidated employees, used racial slurs and behaved erratically. When Barto sued the DEP for allegedly violating his civil rights, he painted a different picture.

How to prevent leave double-dipping: Prohibit vacation travel during paid FMLA leave

05/24/2012

It’s perfectly legitimate to prohibit recreational travel during any approved, paid sick leave. If you also happen to substitute paid sick leave for unpaid FMLA leave, you can still enforce the same no-vacations policy.

OSHA orders reinstatement for truck driver–plus $190,000

05/16/2012
OSHA has ordered Georgia-based Interline Logistics Corp. to rehire a whistle-blowing Sauk Village driver who reported that his truck had brake problems.

Faking illness is grounds for denying unemployment comp

05/10/2012
Employers have the right to expect their employees to be honest. When an employee is fired for lying about being sick and missing work, the employer won’t be liable for unemployment compensation payments.