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Terminations

Replacing worker with someone slightly younger isn’t age bias

10/05/2009

The Age Discrimination in Employment Act protects workers age 40 or older from discrimination based on age. To win an ADEA lawsuit, an employee has to show that a younger employee replaced her. However, that younger employee must be at least six years younger unless there is direct evidence of age discrimination.

Before firing, make sure you treated others just the same

10/05/2009

Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.

What’s the required timing for final paychecks?

10/02/2009

Q. What are the deadlines for paying employees who are terminated or resign from employment?

Can employers force older workers to retire?

10/02/2009

Q. Can we legally set a mandatory retirement age for our workers?

When the writing is on the wall: Court finds employee justified in believing she was fired

10/01/2009

It’s not surprising that employees and employers can view the same circumstances differently. Consider, for example, the following case, in which an employee thought she had been replaced and promptly left. She was entitled to unemployment compensation based on her reasonable belief that she had been fired even though her employer never told her so.

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.