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

Firing

Was accent on no accents at tony Princeton Club?

09/07/2011
New York City’s Princeton Club faces a lawsuit alleging it terminated a long-time employee because of her accent. The employee claims the club fired her after nearly 30 years of service because a new general manager found Hispanic accents “embarrassing.”

At Jones Beach, fashion foul or was it age discrimination?

09/07/2011
When Long Island’s Jones Beach re­­quired its lifeguards to wear Speedo swimsuits for an annual swimming test in 2007, it chafed 61-year-old Roy Lester in more ways than one. He re­­fused to don the skimpy trunks for his test. The beach patrol fired Lester for in­­subordination.

Strictly speaking, there’s no ‘freedom of speech’ in the private workplace

09/02/2011
It’s a free country, right? Em­­ployees can express themselves however they want at work. Wrong. The right to free speech on the job only applies to public employees, and even then there are significant limitations.

Carefully account for all FMLA leave absences

09/02/2011

Smart employers make sure that no employee is ever punished for taking FMLA leave. They do that by carefully cataloging when every employee takes FMLA leave. And if they must discipline an employee for attendance problems, they spell out the reason why each absence counted toward punishment.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.

Punishing worker for loud complaint: Retaliation or legit insubordination penalty?

08/30/2011

Employers obviously can’t punish employees simply because they complain about discrimination. That would be retaliation. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter their content. That’s simply unacceptable in the workplace … and grounds for legal termination.

Always have witness to entire termination process

08/23/2011
To avoid needless litigation, make sure someone else sits in on termination meetings.

Document firing decision at the time you make it

08/23/2011
Make sure you document exactly when and why you decided to terminate an employee, even if you must wait until later to tell the employee.

When terminating a veteran, can we ask her to sign a waiver of employment claims?

08/23/2011
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?

Government agencies: Ensure last-chance agreements allow for pre-termination hearings

08/18/2011

Government employees have a few rights that private-sector employees lack. One is the right to “some sort of” hearing before being terminated. A public employee essentially gets the right to challenge the decision to terminate him before it is final. But what happens if the employee signs on to a so-called last-chance agreement?