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Terminations

Cooperation, patience can stop ADA claims

12/21/2010

Sometimes, supposedly disabled employees try to play their employers by piling on new, incessant demands for reasonable ADA accommodations. For better or worse, it’s often best to just go along, especially if the accommodation won’t cost much. It could keep you out of court.

React calmly to employee requests for leave of absence

12/20/2010
Suppose an employee tells you she needs to take a leave of absence due to an illness. Such leave could be covered under the FMLA. Her absence may cause you scheduling problems and extra work. That may be frustrating, but do your best not to show any emotion. Here’s why.

Ho Ho No: Don’t force wearing of Santa hats

12/17/2010
During last year’s holiday season, gift wrappers at a Belk department store were asked to wear Santa hats and aprons. But Myra Jones-Abid, a Jehovah’s Witness, refused. Belk took back the Santa hat and gave Jones-Abid a pink slip. The EEOC presented the company with a lawsuit …

Firing employee? Require the presence of at least 2 managers during discharge meeting

12/13/2010
Unfortunately, many lawsuits come down to one person’s word against another’s. That’s powerful incentive for a company rule requiring at least two managers to participate in any discharge. Reason: They can back each other up.

Whistle-blowing test: Did employer break law?

12/13/2010
Employees who report concerns that co-workers are breaking the law may view themselves as whistle-blowers—and may believe that makes them untouchable if they themselves have done something wrong. Not true!

Regularly review wage-and-hour compliance

12/13/2010

When an employee hires an attorney, you can bet that the lawyer will go looking for as many legal claims as possible. And high on the list of possible claims are wage-and-hour matters. That’s how something as simple as an unemployment compensation consultation can wind up turning into a major lawsuit.

Pestering employees about retirement may backfire badly

12/09/2010
A federal district court recently addressed the issue of pretext in an age discrimination case. In Goodpaster v. Materials Handling Equipment (No. 09-0059, ND IN, 2010) the court held that management’s repeated and coercive inquiries about retirement to a 59-year-old employee may imply age discrimination.

Track discipline by type, punish everyone fairly

12/09/2010

Employers that mete out similar discipline for similar kinds of misconduct rarely lose subsequent lawsuits, even if the court considering the case thinks the punishment was excessive or a poor business decision. What matters is evenhanded application of the rules, not whether the rule is good or bad.

Take careful notes during all exit interviews

12/09/2010

Employees often reveal their true feelings during an exit interview, and they frequently wind up burning bridges in the process. Smart employers take notes during exit interviews, especially if they hear something that makes them wonder whether the employee should ever have been hired in the first place, let alone rehired for any future openings.

Fired for no doctor’s note means no unemployment

12/09/2010
Employees terminated for refusing to abide by reasonable work rules aren’t eligible for unemployment compensation. But what constitutes a reasonable rule depends on the circumstances.