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Terminations

Don’t grant unlimited leave as ADA accommodation

03/04/2011

Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.

Opposing unemployment comp isn’t retaliation

03/04/2011
A federal court has dismissed a case that could have created big headaches for any employer trying to prevent a discharged employee from receiving unemployment compensation benefits.

East Texas inspector files reverse discrimination suit

03/04/2011
A former employee of Signal International has filed a reverse discrimination lawsuit against the oil rig construction company, claiming that he was fired because he is white.

Was she just foul-mouthed–or a victim of bias?

03/04/2011
Westward Trails Rehabilitation and Healthcare Center says it fired Evelyn Jones because she cursed at a patient at the Nacogdoches nursing home. The 67-year-old Jones says she lost her job because of her age and race.

Disclaimer can counter employment-contract argument

03/04/2011
A disclaimer that clearly states an employee has no employment contract may be enough to kill a tortuous interference-with-contract claim.

Dirty Dozen: 12 manager mistakes that spark lawsuits

03/03/2011
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Remind bosses: Reference check calls go to HR

03/01/2011
If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. One reason: A whole new industry has emerged to help former employees find out what their old bosses are saying about them. That makes it more important than ever to refer all reference check calls to HR.

Severance agreement holds up, despite unusual promise

02/28/2011
Finally, some good news for employers! A severance agreement that releases all claims against the employer will likely be enforceable in North Carolina, even if the employee claims her supervisor promised other benefits.

Certain you had a good reason for firing? Don’t agonize over decision–or fear a bias suit

02/28/2011

Do you live in fear of being sued for discrimination? Don’t let it compromise your legitimate decisions. If you’re confident that you have good reasons to fire someone, don’t worry about whom you hire to replace that employee. Even if the replacement is outside the fired employee’s protected class, she probably won’t be able to successfully sue you.

Use last-chance agreements to force rule-breakers to either shape up or ship out

02/28/2011

Some employees think they can freely break rules they consider unimportant. Trouble is, other employees often follow suit. Your best bet for stopping such nonsense: Explain to the main culprit that his behavior is unacceptable—and then give him one last chance. Get that warning in writing with a formal last-chance agreement.