Firing

Beware overly broad drug policies, which could violate ADA rules about revealing a disability

03/14/2012

The 8th Circuit Court of Appeals has handed a significant victory to the EEOC, allowing the agency to continue to supervise settled cases. The impact: Employers should expect continued EEOC charges even after the ink is dry on their settlements.

Employee tried to comply? He may get unemployment

03/13/2012

The Court of Appeal of Florida has concluded that employees fired for poor attendance must have a chance to show they tried to comply with their employer’s attendance policies before they are denied unemployment compensation benefits.

Threatening behavior trumps employee’s disability claim

03/13/2012

Employees who are suffering from depression, anxiety or other psychological problems may be disabled, but that doesn’t mean they’re excused from following the rules. For example, employers don’t have to tolerate threats, even if the threats concern the employee’s disability.

Be flexible on deadlines after FMLA leave

03/09/2012

When employees take FMLA leave (or other time off related to a disability), make sure you adjust any work deadlines. Otherwise, you risk a retaliation claim.

Employees can’t hide behind FMLA to dodge legitimate discipline

03/08/2012

The 5th Circuit Court of Appeals has dismissed a lawsuit brought by a worker who claimed she was fired in retaliation for taking intermittent FMLA leave. The court ruled that she was fired for the most defensible of all reasons: She treated a customer badly.

Don’t expect access to employees’ past job records to prove poor performance

03/06/2012

If a fired employee sues your organization, alleging discrimination, you’ll probably want to argue that the real reason was the employee’s poor work performance. Maybe you’ll want to claim that it was a mistake to hire the employee in the first place. Well, don’t expect the court to let you go on a fishing expedition into the employee’s past jobs.

Make sure employees understand the method you use to calculate FMLA leave

03/05/2012

Employers that don’t take the time and effort to understand the ins and outs of the FMLA do so at their peril. Courts are beginning to lose patience and have started assessing employers double damages for FMLA violations. Something as simple as not making sure employees understand what method you use to calculate FMLA leave entitlements can mean huge liabilities …

Seek expert legal help when dealing with NLRB

03/05/2012

Employers that find themselves in the cross hairs of the National Labor Relations Board should get expert legal help, especially if charged with unfair labor practices. That’s because once the NLRB concludes you fired employees for engaging in protected activity, it is very hard to argue against those employees’ eventual reinstatement.

Key to quick lawsuit dismissals: Clear documentation of discipline decisions

03/01/2012

It’s always wise to keep careful records showing exactly why you terminate employees. They’re crucial if an employee ever sues. By showing specific reasons why you fired someone, you will be able to show the court that the termination was appropriate.

Boss recommends firing? Check for bias

02/27/2012

Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.