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Terminations

Just quitting isn’t ‘constructive discharge’

07/13/2010

Some employees have heard through the legal grapevine that if the going gets tough at work, they can just get going. They believe they can up and quit—and then turn around and sue, claiming that they had no choice but to leave because they were suffering retaliation for taking some protected action. This is an example of “constructive discharge.” But conditions have to be pretty onerous before the tactic works.

Commercial pilots claim FAA retirement plan broke state law

07/08/2010

When Congress raised commercial pilots’ mandatory retirement age from 60 to 65, not all pilots were pleased. Pilots who had been forced to retire under the 60-years-of-age rule weren’t grandfathered into the new system. The pilots are seeking back pay and lost wages under state laws and the Federal Tort Claims Act.

Include federal jury service protection in your employee handbook and policies

07/08/2010
Make sure your employee handbook covers federal jury service and that supervisors don’t punish employees who serve on federal juries. Employees who are called to serve on juries in federal courts are protected from discharge because of their service.

Courts more reluctant to extend employee deadlines for filing lawsuits

07/08/2010

You should be able to rest easy after an employee misses a deadline to file a lawsuit. In the past, courts have been lenient when it comes to those deadlines, especially if the employee doesn’t have an attorney. But now the tide seems to be turning. Courts are beginning to get stricter about deadlines.

After poor-performing worker complains about e-mail, should we follow through on plans to fire?

07/08/2010
Q. Admittedly, this is an odd-ball question. My HR department just received a complaint from an employee about risqué e-mails that some of her co-workers were trading back and forth. Coincidentally, the employee who complained is also slotted for termination because of poor performance and attendance problems. Is there any risk in terminating this employee in light of her recent complaint?

Try to accommodate employee’s religion– but don’t automatically agree if it’s a burden

07/08/2010

Some employees think that any restriction on their exercise of religious expression or dress is automatically illegal. That’s not true. In fact, when faced with an employer’s request to remove an article of clothing such as a head scarf or other head covering, the employee must state that doing so would interfere with practicing her religion and that she would like an accommodation.

Rebellion after dispute resolution? Discipline

07/08/2010

Some employees refuse to accept their employer’s solution to their discrimination complaints. They demand more action. Sometimes those employees begin working against their supervisors, perhaps assuming that any disciplinary action would constitute retaliation. Do you have to cave to their demands?

Are there other steps we should have taken before following discipline with termination?

07/02/2010
Q. We fired one of our truck drivers after giving him a written warning about continued lateness in completing weekly logs. Should we have taken any other action prior to his termination?

In case of layoffs, must we offer severance and pay out accrued, unused vacation?

07/02/2010
Q. We are in the process of reducing our staff and will need to lay off several employees. Are we required to provide severance pay to those selected for layoff? How about pay for accrued, unused vacation time?

Beware discussions concerning employee longevity

07/02/2010
Casual business conversations can come back to haunt you if some comments imply that you could save money without so many long-term employees.