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Terminations

Former exec says Goldman Sachs put her on the ‘mommy track’

05/11/2010

Goldman Sachs is getting sued a lot these days … and not just by the SEC. Charlotte Hanna claims the embattled investment bank marginalized her after she had two children, effectively barring her from returning to full-time work as a vice president. In a lawsuit charging violations of the Pregnancy Discrimination Act and the FMLA, Hanna says taking the bank’s offer of an “off ramp” for executives who wanted to have children derailed her career.

Bias unlikely if new worker is same race as former employee

05/11/2010
Employees who allege they were terminated because they belong to a protected class will have a tough time winning the lawsuit if their replacement belongs to the same class—at least when the new hire comes on board before the terminated employee files her EEOC complaint or lawsuit.

12 manager mistakes that spark lawsuits

05/11/2010

Most lawsuits against employers don’t start with some outrageous injustice. More often, a simple management mistake or a perceived slight starts the snowball of discontent rolling downhill toward the courtroom. Here are 12 of the biggest mistakes managers make. They can all lead to litigation—and kill your credibility in court.

Never mention the FMLA during discussions about discharge

05/11/2010

One of the best ways to guarantee an employee will get her FMLA case in front of a jury is for her boss to mention her use of FMLA leave while discussing termination. FMLA is a “protected” leave for a reason. A good idea: Have someone neutral from HR deliver the news that the employee is being let go.

Employee is pregnant? You can still discipline or fire if she violates your policies

05/07/2010
Federal courts don’t have much patience for faulty logic. A U.S. District Court in New York recently issued a particularly stinging rebuke to a nurse whose pregnancy discrimination case hinged on the “fallacious syllogism” that “I was fired; I was pregnant when I was fired; therefore, I was fired because I was pregnant.”

If EEOC shuns case, worker isn’t entitled to free lawyer

05/06/2010
Here’s a bit of good news for employers facing an angry former employee who wants to sue but can’t find an attorney willing to take the case. Courts are unlikely to appoint an attorney to help with the litigation if the EEOC has already concluded that there wasn’t enough evidence to warrant taking up the case itself.

Terminating after FMLA leave expires? Be sure to apply rule consistently

05/06/2010

You can terminate employees who are unable to return to their jobs after their FMLA leave has expired. Just make sure you’re consistent. If you apply the same termination rule to all employees—regardless of race, age, sex or membership in any other protected category—you won’t have to worry about lawsuits.

Why should we keep our policy of not providing references for former employees?

04/28/2010
Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?

COBRA subsidy expanded, extended through May 31

04/28/2010
On April 15, President Obama signed into law amendments to the COBRA subsidy provision of the American Recovery and Reinvestment Act stimulus. Those amendments—plus amendments enacted in March—not only extend the time that the subsidy is available, but also offer it to certain individuals whose hours were reduced before they were involuntary terminated.

Follow your own rules, and be confident you’ll win lawsuits

04/28/2010

Any employee can file a lawsuit for any reason. But filing and winning are two different things. Most lawsuits end up dismissed after the employer shows the court it followed its own rules and fairly disciplined the employee.