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Terminations

Same offense, different circumstances: The punishment can fit the crime

02/22/2010

The cardinal rule for employers is to punish like offenses the same way. But that doesn’t mean that you don’t have some flexibility. For example, when two employees break the same rule, the underlying reasons might be considerably different. If you decide to punish one more severely than the other, document why you don’t consider the circumstances the same.

OSHA loses patience, Freehold executive loses car

02/22/2010

When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well …

Big win for employers in disability bias case

02/16/2010

Employers frequently worry that if they discharge a disabled employee, they will be sued for disability discrimination even if they had a good reason for terminating the employee. That’s because disabled employees may claim their disability was a motivating factor in the decision. Until recently, that was enough to win at least a partial victory in court. Fortunately, that’s no longer the case.

Follow your own rules, courts will probably side with you

02/16/2010

You just can’t satisfy some employees. They’ll always find something to complain about. But if supervisors keep their cool and hold employees to the rules, chances are a disgruntled employee won’t get far with a lawsuit.

Want severance agreement to stick? Call a lawyer

02/12/2010

Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.

Former Freeport fire chief sounds the retaliation alarm

02/12/2010

Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.

Can I fire an employee who will miss work because he has been subpoenaed?

02/12/2010

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.

Employee can’t claim constructive discharge on what might happen in workplace

02/12/2010

Some employees try to fabricate a lawsuit by resigning and then alleging that some form of discrimination made their working conditions so intolerable that they had no choice but to quit. The name of this claim: constructive discharge. Fortunately for employers, it takes more than a few isolated comments to create intolerable conditions. And, as the following case shows, the fear that working conditions will become intolerable isn’t enough to justify quitting before things get bad at work.

You’re liable for bias–even against temps

02/09/2010

Employers sometimes mistakenly believe that hiring a temporary employee through an agency means they won’t be liable if the worker files a discrimination or harassment complaint. The fact is that most temps—even if they are paid and generally managed by an agency—are still “employees” of the organization where they actually perform work. And they’re entitled to work in an environment free of harassment and discrimination.

Get legal help with termination agreements

02/09/2010

Call your attorney before offering a severance agreement! A federal trial court in Florida has allowed to go forward a disability discrimination lawsuit from a former employee who left under a negotiated termination agreement largely because the agreement was silent on why the employee was leaving.