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Firing

Bias alert: Beware positive stereotypes, too

01/14/2011
Typically, employees who file discrimination cases try to show that their employers treated them poorly because of preconceived notions about members of their protected class. But stereotypes that at first blush seem positive can also be the basis for a bias claim, as this recent case shows.

Former employee sues Mayo Clinic

01/14/2011
A former Mayo Clinic employee has sued the famed Rochester medical center for discrimination under the ADA and the Minnesota Human Rights Act.

Make sure documentation backs up reason for firing

01/14/2011

Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.

Keep records from unemployment comp case –you might need them later if employee sues

01/14/2011
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.

Employees fired for missing work should expect to miss unemployment comp, too

01/11/2011
Employees who are guilty of misconduct aren’t eligible for unemployment compensation in Florida. That means if they’re fired for missing a lot of work, habitually arriving late or leaving early, they can be denied unemployment benefits.

When religion is crux of workplace problems, base discipline on behavior–not belief

01/11/2011
Warn managers and supervisors: They must not refer to an employee’s religious beliefs when taking any adverse employment action. That’s true even if the decision being discussed involves a dispute over a religious accommodation.

Offer reinstatement if you make FMLA mistake

01/11/2011

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Allen debt counseling firm sued for race bias, FLSA violations

01/07/2011
Two former salespeople are suing Greenshield Financial Services, a debt consolidation firm based in Allen, claiming the company is racially biased and failed to properly pay them for overtime hours.

EEOC sues Houston firm over mandatory retirement

01/07/2011
The EEOC says a Metallic Products’ policy of requiring employees to retire at age 70 is a violation of the Age Discrimination in Employment Act (ADEA) and is suing to make it stop.

Firing? Follow the 2-and-1 rule: Two company reps, one reason for termination

01/07/2011

Have at least two managers represent the company at any termination meeting. That way, the fired employee can’t make exaggerated claims about what happened during the meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that one reason.