• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

If worker on RIF list has sought reasonable accommodations, be prepared to justify

05/24/2010

Watch out! If you’re contemplating reducing your workforce in order to survive today’s harsh economic climate, you need to prepare for potential litigation. To do that, make sure you carefully document why you are making the reductions. That’s especially critical if you have been negotiating reasonable accommodations for a disabled employee who may be on your RIF list.

Loose lips sink employers: How a manager’s convenience store visit cost $100,000

05/18/2010

Employment law risks don’t disappear the minute your managers leave the building at the day’s end. Those risks follow managers around constantly. That’s why you should make clear to supervisors that they should never discuss personnel matters outside the workplace—even at the corner Kwik-E-Mart.

State wrongful discharge suit fails without actual firing

05/17/2010

Under many federal employment laws, employees don’t have to be fired to sue for wrongful termination. Instead, they can claim constructive discharge, alleging they had no choice but to quit. But that argument won’t fly for employees who try to sue their Illinois employers for common-law wrongful termination.

Dismissed criminal charge doesn’t require reinstatement

05/17/2010

When an employee is charged with a criminal offense that reflects on his ability to perform his job, many employers suspend or even fire the employee. If he’s acquitted, must he get his job back? Not necessarily.

Don’t believe it: Employee facing discipline can’t quit and then claim constructive discharge

05/17/2010

Some employees quit and then argue that they had no choice but to do so. This is known as “constructive discharge.” Such a claim can succeed in court if the employee can show that working conditions became so intolerable that quitting was the only reasonable response. But an employee can’t quit and claim constructive discharge just because he’s facing potential disciplinary action.

Offhand remarks don’t prove age discrimination

05/17/2010

Employees can’t win age discrimination lawsuits based solely on an offhand remark referring to an employee’s age. That’s because, unlike many other forms of employment discrimination, age discrimination cases require employees to prove that age was the reason for termination or some other negative employment action. Unless there’s more evidence, a mere comment isn’t enough.

FMLA notice: Rely on what you know–not policy

05/17/2010

A good sick leave policy includes rules governing how employees are supposed to let their employers know that they’re ill. Employees generally have to follow those rules or face discipline. But there are circumstances under which employees may be excused from following the rules. One of those exceptions: when the employer has direct notice that the employee is ill and may need FMLA leave.

Commercial pilots claim FAA retirement plan broke state law

05/14/2010

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

Former exec sues over missed severance payment

05/14/2010

Tim Murnane left real estate development firm Opus Northwest in June 2009 after negotiating a $2 million severance package to be paid out over 10 years. Murnane took a new position with St. Louis-based Clayco Inc., another developer in the Twin Cities area. All was going well until March, when a scheduled $79,266 payment from Opus failed to arrive in Murnane’s mailbox …

Watch out when offering early retirement based on age

05/14/2010
The EEOC has won the first round of a battle against early-retirement incentive plans that are based strictly on age. If you have such a plan, make sure you review its legal status with your attorney.