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Terminations

FMLA leave OK for pregnant worker who can’t do her job

09/21/2010
Doctors sometimes tell pregnant employees they can’t lift anything in excess of a certain weight. If the job requires such lifting, there is nothing to prevent the employer from placing the pregnant worker on FMLA leave.

It’s not just doctor’s FMLA call anymore: Court allows worker’s say on health condition

09/21/2010
Here’s a new Florida case you should be aware of. A federal district court judge has allowed an FMLA interference case to go forward based on an employee’s testimony that she was absent due to a serious health condition when her employer terminated her.

Courts frown on bosses blaming subordinates for shortcomings

09/20/2010

Here’s something to consider when disciplining a supervisor or manager: She probably won’t be able to get away with blaming a subordinate for her own poor performance. Employers are entitled to expect managers to manage.

Weight discrimination: The next big protected category?

09/20/2010
Can employees be fired for being too fat? The topic is heating up, due in part to national headlines gained by two Hooters waitresses in Michigan who claim they were fired for being overweight. A judge has given them the green light to bring their cases to trial. 

WIU settles with coach who was fired after cancer diagnosis

09/16/2010
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.

EEOC looks at last-chance agreements barring lawsuits

09/16/2010

Steven Whitlow, an employee at a Cognis plant in Kankakee, signed a last-chance agreement that forfeited his right to file charges against Cognis with any civil rights commission or government authority. Later, Whitlow rescinded his agreement, stating that he did not want to waive his civil rights. When Cognis terminated him, he filed a complaint with the EEOC.

Document specific reasoning behind differing punishments

09/16/2010
Many employers keep their disciplinary policies vaguely worded because they want some flexibility in dealing with employee behavior. That’s fine as long as you carefully document why you are punishing one employee more harshly than another.

Fired after injury, star worker sues Delta under ADA

09/08/2010

Call it a missed opportunity. Call it a misunderstanding. Nancy Grozdanich-Lipinski did neither. She called her lawyer. Grozdanich-Lipinski is suing her former employer, Delta Airlines, for violations of the ADA.

Sued for counting FMLA against fired worker? Prove you planned to discharge anyway

09/08/2010
If you’re deciding whether to fire an employee for attendance problems (under a no-fault attendance policy, for example), you must make sure you aren’t counting FMLA leave against her. However, all is not lost if you accidentally add in an FMLA absence—as long as you can show you still would have fired the employee because of other attendance problems.

Train supervisors on FMLA notice process

09/08/2010
Train supervisors and managers on situations that could trigger the FMLA leave determination process. The best approach is to suggest they notify HR if an employee calls in sick and implies anything more than “I’m sick today.” If the employee provides any detail that makes it seem likely he or a family member is suffering from a serious health condition, he should be referred to HR to determine if he’s eligible for FMLA leave.