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Terminations

PHA head is gone, but trail of lawsuits lingers on

01/26/2011
When the Philadelphia Housing Authority’s board of directors fired Executive Director Carl Greene, board members probably thought the move would end the serial litigation that marked his tenure. Wrong. Press reports last year linked Greene to a series of sexual harassment cases that—along with allegations of mismanagement—led to his firing last year …

Sick employee riffed? Beware ERISA lawsuit

01/26/2011
Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many employee benefits.

Put disciplinary wiggle room in your handbook

01/26/2011

Spring cleaning? Be sure to dust off and update your employee handbook too. Pay attention to this important point: When it comes to discipline policies, give yourself some flexibility to deal with unusual circumstances. Steer clear of complicated policies that try to categorize every conceivable offense for which employees could be fired.

Best way to thwart discrimination lawsuits: Have manager who hired also handle the firing

01/14/2011

It almost always makes sense for the same manager who hired a member of a protected class to also terminate that employee if necessary. Courts presume that someone who is prejudiced would not hire someone who belongs to a protected class, only to turn around and fire the same employee due to prejudice.

Workplace in turmoil? Here’s how to know where to start cleaning house

01/14/2011

Sometimes, a handful of bitter employees can poison the workplace atmosphere so much that production falls. That doesn’t mean it’s always easy to figure out who’s to blame. Here’s one way that sometimes works: Conduct a thorough assessment of the workplace by interviewing all the employees. What you learn may surprise you and provide the impetus to make some sorely needed changes.

After workers’ comp claim, make sure supervisors don’t step up scrutiny

01/14/2011

Employees who file workers’ compensation claims are protected from retaliation—essentially any change in working conditions that would lead a reasonable employee to rethink her decision to seek benefits. That can include sudden scrutiny of the employee’s work. That’s why HR should look carefully at any increased discipline against those who file workers’ comp claims.

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.

What are some alternatives to RIFs?

01/14/2011
Q. Our company is looking for ways to cut labor costs in order to remain competitive. We are considering implementing a reduction in our labor force and wondering if there are other cost-saving options that are not as legally risky as laying off people.

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.