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Terminations

Face age discrimination claims head on

03/11/2010

Here’s a twist, courtesy of the U.S. Supreme Court’s 2009 Gross v. FBL Financial Services age discrimination decision. The court ruled that employees have to show that “but for” their age, their employer wouldn’t have fired them.

Keep track of all time off! Authorized leave counts toward employees’ FMLA eligibility

03/11/2010

If you grant time off to employees who aren’t yet eligible for FMLA leave, take note: If they’re on your payroll, their time off counts toward FMLA eligibility. That means that once they hit the one-year mark, they become entitled to those 12 unpaid FMLA weeks—and terminating them could launch an FMLA lawsuit. That wasn’t always the case …

Choose words carefully when challenging unemployment

03/11/2010

When you challenge an unemployment claim, what you say can come back to haunt you.

You can discipline worker whose griping boils over

03/11/2010

Some employees who believe they’ve been mistreated get so angry that they begin airing their grievances to co-workers. That can be a firing offense. Although you can’t ban employees from talking about wages or other conditions of employment, you can prohibit harassing conduct.

Determine if mental condition actually impairs

03/11/2010

Not everyone who has a learning disability or even mild retardation is disabled. Under the ADA, every disability is measured by the individual’s condition and whether or not the condition he claims is disabling substantially impairs a major life function. Thus, someone with minor intellectual deficits may not be disabled under the ADA.

Toledo reaches settlement with former staff–and rehires them

03/09/2010

The Toledo City Council voted to pay $450,000 to settle a race discrimination and wrongful-termination lawsuit brought by two former city employees. That makes for a happy ending to a two-year legal odyssey for Office of Affirmative Action Director Perlean Griffin, and executive director of the city’s Youth Commission Dwayne Moorehead, who served under former Mayor Carty Finkbeiner.

Hugo Boss sews up deal to close suburban Cleveland plant

03/09/2010

German high-end clothing maker Hugo Boss has decided to close its factory in suburban Cleveland, even though the plant is profitable. Hugo Boss joins a decades-long exodus of textile and clothing manufacturers that have left the United States in favor of countries where they can pay workers less.

Plan for work pile-up following FMLA leave

03/09/2010

In today’s economic climate, you might be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. Especially if you initially believe the employee won’t be gone long, what’s the harm? But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to catch up or else.

Don’t tolerate employee’s religious threats

03/09/2010

Employees are entitled to broad protection from discrimination based on their religious beliefs and practices. However, that protection has limits. Consider, for example, what may happen if an employee tries to bludgeon—figuratively—her fellow employees with her religious beliefs.

Employee fired after registering complaint is now suing? You could be personally liable

03/09/2010

Here’s a new worry for Ohio HR pros who play a role in deciding whether to fire employees: You could end up being sued personally if it turns out that the discharge was wrongful under Ohio’s public policy exception to at-will employment. That means your own assets—not just the company’s—are at risk. Here’s how it works: