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Terminations

Insubordination or legitimate gripe? It’s important to know the difference

09/18/2009

When one of your employees objects to alleged illegal or discriminatory conduct in the company, you can’t simply fire or demote the person. That would be considered illegal retaliation. Still, that doesn’t mean such employees have the right to be insubordinate, rude and nasty.

Hold it! Must you allow unlimited bathroom breaks?

09/18/2009

Employers are required to offer job accommodations to employees who have qualifying disabilities, says the ADA. But if an employee has a medical condition that requires frequent bathroom breaks, does that count as a “disability”? The answer is clear, especially this year …

Atten-Hut! Florida gives members of the military additional rights

09/14/2009

The Florida Legislature and Gov. Charlie Crist have given members of the uniformed services—and especially National Guard members—some new and improved employment rights under the Florida Military Affairs Act. They come in the form of amendments to Chapter 250 of the Florida Statutes, which includes the Florida Uniformed Servicemembers Protection Act.

Don’t drop your guard just because Illinois court dismisses whistle-blower case

09/14/2009

Just won an Illinois whistle-blower case? Don’t rest easy yet! If you’re an employer that’s also covered by federal law, brace yourself for a federal whistle-blower lawsuit, too.

Offensive employee? Go ahead and fire him

09/14/2009

Isolated comments may not create a hostile work environment, but they can mushroom into a bigger problem. That’s especially true if you don’t discipline those who offend. What to do: Don’t wait until you have a full-blown hostile environment on your hands. You can terminate the offender before harm is done.

In tough cases, safety first: Attempted suicide at work grounds for discharge

09/14/2009

Employers don’t have to put up with employees who pose a safety hazard to others—or themselves. While suicidal behavior may indicate an employee is suffering from a serious health condition under the FMLA or a disability under the ADA, it isn’t an excuse for violating safety rules.

Age discrimination harder to prove following 7th Circuit ruling

09/14/2009

The 7th Circuit’s recent opinion in Martino v. MCI represents the first opportunity for that court to apply the U.S. Supreme Court’s recently clarified standard for determining liability in disparate-treatment cases brought under the ADEA. Together, the two decisions make it harder for employees to win some age discrimination lawsuits.

Doc dumped over doughnut dig

09/14/2009

Considering the toll the obesity epidemic takes on Americans’ health, you’d think Dr. Jason Newsom’s bosses in Panama City would be happy with his campaign to educate the public about the dangers of obesity. Fat chance. While attacking sweet tea, burgers and fries was all right, it was doughnuts that doomed the doc.

You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Did White Way play dirty when it fired pregnant worker?

09/10/2009

According to the EEOC, White Way Cleaners discriminated against a female worker when it first moved her from the cleaning line to the front counter during her first pregnancy and then again when it terminated her after learning she was pregnant again.