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Firing

Minor mistakes aren’t enough to prove bias

05/04/2011
If you sometimes agonize over firing an employee for fear of litigation, relax. As long as you act honestly, the employee probably can’t successfully sue.

Does PDA cover cases of in vitro fertilization?

05/04/2011
Until now, courts have frequently concluded that a woman who is fired for undergoing fertility treatments—that is, fired before becoming pregnant—probably isn’t covered by the Pregnancy Dis­crimination Act. But now a court has concluded that women who undergo in vitro fertilization efforts are protected under the PDA. That’s because only women can undergo the process.

Whistle-blower claims retaliation by Bexar constable’s office

05/02/2011

Michael DeMarquis worked for the Bexar County Office of the Constable for only five months, but between August and December 2009, he says he compiled an extensive list of illegal practices. Now he’s suing the law enforcement agency, claiming he was fired from his job as a warrant clerk in retaliation after he uncovered the following:

Age discrimination claim may bar other claims

04/28/2011
The U.S. Supreme Court has ruled that to prove age discrimination, employees have to show that age was the sole reason for an adverse employment action. That usually means employees can’t claim that other types of discrimination were also in play.

Is employee really disabled? Use common sense

04/28/2011

When it comes to deciding whether to grant reasonable accommodations, the first step is to determine whether the employee is really disabled. A diagnosis isn’t the last word. Does the condition actually limit the employee in some substantial way?

Try to settle FMLA claims: Appeals court says you don’t need DOL’s prior approval

04/25/2011

The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.

What is ‘cat’s paw’ liability?

04/25/2011
Q. I’ve been hearing a new term lately: “cat’s paw” lia­bil­ity. What is it, and why should I be worried about it?

Return-to-work denial might be retaliation

04/25/2011
Some employers seem to think they can force troublesome employees to give up and quit by making work life miserable. The more likely result: a lawsuit.

Keep lawsuit clock on your side: Make sure employees know exact date of employment action

04/25/2011

Employees only have a short period of time to file their initial dis­crimi­na­tion claims. The clock starts ticking as soon as the employee knows or should have known about some material, potentially adverse job change. That’s why you need to be absolutely clear to employees when you make a job change—and note it in your files.

Supreme Court’s big retaliation ruling already a factor

04/19/2011
When the U.S. Supreme Court speaks, employers better listen! The ink was barely dry on the High Court’s retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.