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Terminations

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?

FMLA leave expired? You don’t have to reinstate

08/23/2011
Some employees assume that they’ll automatically return to their old positions after taking FMLA and other leave. That’s not necessarily true. Employers are required to guarantee return only if the employee comes back before her 12 weeks of FMLA leave expire.

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?

Buying out business? Beware mass layoffs

08/18/2011
It’s a blow to companies intent on acquiring another business and replacing current employees with new workers: The California Supreme Court has ruled that local governments can pass “retention ordinances” that require new owners to keep existing employees, at least temporarily.

HR CSI: Conducting a post-mortem of a legal claim

08/16/2011

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim. Jathan Janove tells you how.

Serious rules violation enough to void unemployment comp

08/10/2011
Employers have a right to expect em­­ployees to follow the work rules laid out for them. Employees who are terminated for breaking those rules won’t be eligible for unemployment compensation because it was their fault they were discharged.

Punish poor behavior, not FMLA leave

08/10/2011
Some employees need FMLA leave to cope with work stress. But that doesn’t mean that employers can’t punish someone who makes threats.

Jewish home fires Seventh Day Adventist for observing Sabbath

08/08/2011
File this one under “Hard to believe, but true.” A Boca Raton nursing home called Menorah House has fired a certified nursing assistant because she insisted on observing her religion’s Sabbath. She filed a complaint with the EEOC claiming she had been fired in violation of Title VII of the Civil Rights Act.

EEOC’s bias decision doesn’t bind federal court

08/08/2011
It’s not the end of the world if you receive an EEOC decision that says your organization discriminated against an employee. The decision isn’t binding and courts often don’t grant much weight to such a determination.

Are your employees equal-opportunity offenders? Be sure your discipline is just as colorblind

08/08/2011
Employers must make sure they hand out similar punishment for similar misconduct, regardless of the race of the employee—or any publicity that might surround the case.