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Terminations

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.

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.