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Terminations

Beware RIFing worker who’s out on FMLA leave

11/09/2009

Employees returning from FMLA leave are entitled to reinstatement to their former jobs or equivalent positions. However, an employer can terminate an employee while she’s out on FMLA leave if it can show it would have done so anyway even if the employee hadn’t taken FMLA leave. But be careful …

No matter how ill-advised the order, insubordination can be a valid discharge reason

11/09/2009

Sometimes employees balk at following their supervisors’ directions—especially when they consider an order ill-advised or even stupid. But the underlying wisdom of the directive doesn’t excuse an employee’s angry reaction. He or she can still be terminated for insubordination if he responded inappropriately.

Don’t automatically grant FMLA leave for stress

11/09/2009

Employees often claim their jobs stress them out. And for some, it’s so bad they feel they need to take off work for a week or so to cope. That doesn’t mean, however, that they’re automatically entitled to use FMLA leave.

Treat all pregnant employees equally, regardless of race or ethnicity

11/09/2009

Attorneys seem intent on finding some form of discrimination in every adverse employment decision—and courts seem increasingly inclined to go along. Consider this recent case, in which a pregnant black employee won the right to a jury trial on race and national-origin discrimination based on the allegation that a white pregnant employee was treated better.

You don’t have to be right on discipline—just honest

11/09/2009

Disciplining employees often requires making tough calls, especially when the disciplinary action is based on the word of co-workers. You may be forced to choose whom to believe. Don’t be tempted to ignore the complaint just because you can’t be sure who’s right. As long as you are honest, courts will be reluctant to second-guess you.

Okeechobee employee’s button could spur religious bias suit

11/09/2009

A former cashier for a Home Depot store in Okeechobee claims the retailer fired him because he refused to remove a button on his orange apron that said “One nation under God, indivisible.” Now Trevor Keezor has threatened to sue for religious discrimination.

Does an employee’s bankruptcy affect whether we can terminate him?

11/02/2009

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

DFW-area firm settles harassment suit for $60,000

11/02/2009

Greater Metroplex Interiors, a Southlake drywall and light construction company, has agreed to settle claims that it fired a female employee in retaliation for her complaints about sexual harassment and gender discrimination.

Sudden retirement? Watch for age bias lawsuit

11/02/2009

Older employees who believe a supervisor is trying to get rid of them because they’re too old can voluntarily retire—and then turn around and sue their former employer. By citing the so-called constructive discharge theory, they can show they had no choice but to quit.

FMLA notwithstanding, it’s OK to consider attendance in RIF

10/30/2009

Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on FMLA leave—even if the employee had an atrocious attendance record before she went on leave. That’s simply not fair to other employees.