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Terminations

Dozing at desk? Hold your fire; consider ADA

01/28/2010

Don’t automatically pull the termination trigger if an employee nods off at his desk. If the heavy-eyed worker mentions a health issue that could be causing the sleepiness, you may need to accommodate it as a qualifying ADA disability. That situation is often raised when employees take medications that, as a side effect, cause drowsiness.

Hunch about societal racism isn’t enough to make bias case

01/27/2010

With poor economic times come layoffs and reassignments. When these adverse events hit home, some employees may suspect they’ve experienced discrimination. But unless they have something concrete to hang their cases on, courts will toss out such cases.

Do we have to pay bonuses to employees who quit before the normal payout date?

01/27/2010

Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns before the bonus payout date (say, in February), do we have to pay a bonus to that employee?

Fair treatment wins when whistle-blower sues

01/25/2010

Sometimes employees believe that reporting potential wrongdoing by their employers or fellow employees means they can’t be punished. In effect, the assumption is that being a whistle-blower gives them a pass and protects them from adverse employment actions, such as termination. That’s simply not true.

OK to suggest retiring in lieu of getting fired: It’s not age discrimination

01/25/2010

Employees who claim they have experienced age discrimination must prove that age was the reason for an adverse employment action, such as termination or demotion. It’s not enough to show that a supervisor merely referred to the employee’s age. As the following case shows, merely suggesting retirement in lieu of discharge isn’t enough.

Court must weigh potential conflict of interest when employer decides not to pay benefits

01/25/2010

If an employer decides to deny a fringe benefit to an employee, and the employee challenges the decision, courts must at least consider the possibility that a conflict of interest exists. That’s because anytime an employer decides to provide a benefit, that benefit comes at a cost.

Is it legal in North Carolina to withhold bonuses not paid at the time of termination?

01/22/2010

Q. May we include a provision in our bonus plan for North Carolina employees that they will forfeit any bonus that has not been paid at the time of termination?

Helping out when laying off: Supplemental unemployment plans

01/22/2010

Layoffs are difficult for employees and employers alike. In these tough economic times, some employers are trying to help employees during layoffs and help prevent the permanent loss of good employees by implementing supplemental unemployment benefit plans.

Not sure it’s sexual harassment? Take steps to end it anyway

01/15/2010

Not every complaint about alleged sexual harassment turns out to be true. Sometimes, the harasser may simply be a difficult personality. He or she may have it in for all co-workers, and the harassment that someone complains about may be completely unrelated to sex. That doesn’t mean, however, that you should ignore the behavior. Your best bet is to discipline the employee.

Stare masters: How much ogling equals harassment?

01/15/2010

What’s the difference between a friendly glance and a sexual stare? A recent court ruling shows that sexual harassment is in the eye of the beholder—and supervisors better not roll their eyes if they witness it …