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Terminations

Protected activity can include protesting racial comment

10/01/2009

In some circumstances, all it takes to launch a retaliation lawsuit is a supervisor’s isolated, insensitive comment , as the following case shows.

ERISA can send contract case to federal court

09/28/2009

Employment agreements are contracts. When disputes arise, they’re typically litigated in state courts because they involve state contract laws. But under the right circumstances, the Employee Retirement Income Security Act (ERISA) may apply to the agreement, effectively making the contract a protected benefit plan.

When federal compliance and N.C. law collide: Violating FMLA doesn’t end at-will employment

09/28/2009

Employers that end up violating the FMLA—unintentionally or not—don’t face an additional problem under North Carolina law. The supposed problem: At-will employees in North Carolina can sue their employers if they’re terminated and the discharge violates public policy. But failing to follow the intricacies of federal laws and regulations doesn’t violate public policy.

Make sure HR reviews each firing in advance

09/28/2009

When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.

Sedentary work restriction may be disability

09/23/2009

Employees who are unable to perform anything but sedentary work may be disabled under the ADA. That means employers may have to find ways to accommodate them, including finding open positions for them to fill elsewhere within the company.

Include past conduct in ‘for-cause’ clause

09/23/2009

If you use employment contracts for key employees, and those contracts include a “for cause” discharge clause—essentially allowing you to terminate the contract (and employment) for specified reasons—include a paragraph that includes acts or omissions that occurred before the contract was signed.

How to wind up in court: Suggest ‘a man would be better’

09/23/2009

Here’s advice that bears repeating to everyone involved in hiring and firing: Never opine that you’d prefer someone of the opposite sex to do a job. Word will get around … and you’re sure to get sued.

Court: No tacking wrongful discharge claims onto FMLA suit

09/23/2009

Lawyers are always looking for new and different reasons to sue employers on behalf of employees and applicants. That’s bad news for employers, because additional charges mean greater legal costs, more lost time and potentially higher jury awards. Fortunately, courts are growing impatient with this practice …

Testifying for subordinate may be protected activity

09/21/2009

Supervisors who stand up for subordinates when they claim they have been discriminated against may be engaging in “protected activity.” That could make punishing those supervisors retaliation.

Employee announces she’s pregnant? Say ‘Congratulations!’ … and nothing more

09/21/2009

There’s only one safe way to respond to an employee’s pregnancy announcement—and that’s a simple “Congratulations!” Anything else may spell trouble down the line, especially if the pregnant woman ends up being terminated. She’ll probably sue and try to tie any negative comments to the termination, arguing they demonstrate pregnancy bias.