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Terminations

Conducting a RIF? Use diplomatic language

08/06/2010

In these difficult economic times, if you have to conduct a reduction in force, think carefully about how you select those who will be terminated, especially if you anticipate bringing some workers back when the financial picture improves. For example, don’t tell employees they were picked for layoffs because their work was substandard. Use a gentler approach.

Lockheed Martin cutting executives

08/06/2010
Defense contractor Lockheed Martin will offer early retirement to senior management and thin the ranks of its overall management corps in an effort to cut costs. Despite growing sales, the company posted earnings that were 18% lower than the previous year.

EEOC asks: Is Hernando County a hotbed of age discrimination?

08/06/2010
A former Hernando County public works director has filed an EEOC complaint alleging that his discharge in January was part of a county plan to get rid of older, highly paid employees. Charles Mixson, who is 61 years old, claims that the county wants to terminate all managers over age 55.

Tell bosses: Accommodation backlash can be retaliation

08/06/2010
One of the most common mistakes employers make is allowing bosses to subtly retaliate. Take, for example, an employee who asks for a religious accommodation. If the request is approved, it may cause scheduling difficulties. Some supervisors may be tempted to get back at the employee for the hassle the accommodations are causing. Don’t let them.

Not all action after complaint is retaliation

08/06/2010
Employees are protected from retaliation for complaining about alleged discrimination. That doesn’t mean, however, that everything negative that happens after a complaint is filed is grounds for a retaliation lawsuit.

Another reason to insist on following rules: Fired scofflaws can’t get unemployment

08/06/2010

Does your organization have strict honesty rules designed to prevent employee theft and fraud? If so, rest assured that you’ll have just cause for firing employees who break those rules. And that means they won’t be eligible for unemployment compensation.

Win discrimination cases by showing that your rules apply equally to everyone

08/06/2010

Rules are no good if you follow them only some of the time. Uneven enforcement can cause lawsuits. If you have rules, enforce them. Drop those you don’t want to enforce. Otherwise, a supervisor may find it convenient to punish someone for breaking a rule that others are allowed to ignore.

Appeals Court limits reach of N.Y. human rights laws

08/05/2010

In a victory for employers, the New York Court of Appeals has limited the reach of both the New York state and New York City human rights laws. The issue arose when Manhattan-based Parade magazine terminated Howard Hoffman, who claimed he was fired because of his age.

Former employees take big bite out of Texas Dental Association

08/02/2010
Two former employees of the Texas Dental Association are $900,000 richer after receiving back pay in a settlement agreement brokered by the National Labor Relations Board.

ADA: ‘Toxic’ work site (plus toxic boss) doesn’t necessarily create disability

08/02/2010

It happens. Some working relationships between bosses and their direct reports are so toxic that employees suffer psychological problems. Sometimes the tension is so bad that employees believe they’re disabled and therefore entitled to transfer to another job under another supervisor. That isn’t the case.