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Terminations

When salesperson travels, where’s FMLA base?

08/14/2009

The FMLA applies to employees who have worked more than 1,250 hours and for one year—provided their employer has a staff of 50 or more working within 75 miles of the employee’s base. Typically, the base is where the employee reports. But what about a salesperson who travels over a set territory and works from home?

Chicago hotel to pay $90,000 to settle disability bias case

08/14/2009

Swissotel has entered into a settlement agreement after the EEOC alleged supervisors at the Swissotel Chicago harassed a developmentally disabled employee. According to the suit, hotel managers called the worker “retard” and ultimately fired him because of his disability.

Federal court defines limits for FLSA retaliation lawsuits

08/14/2009

As with many other federal employment laws, the Fair Labor Standards Act includes a retaliation provision that protects workers who complain that their employer has violated the law. Until recently, it wasn’t clear what kinds of complaints actually triggered the FLSA’s protections. That’s now changed.

Can I fire a worker who was arrested for DUI?

08/14/2009

Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?

Poor performance terminations and COBRA: Can we deny the new COBRA subsidy?

08/13/2009

Q. We had to terminate an employee for failure to adequately perform his job responsibilities. Can we deny him the COBRA subsidy because the termination was not a layoff or a result of the economy?

Keep careful track of work-restriction notes

08/13/2009

Some bosses are visibly irked when they receive a doctor’s note restricting the work an employee can perform. If the employee notices that reaction and then gets disciplined or fired, watch out for a lawsuit! Her attorney will probably try to link the timing of the doctor’s note and the adverse employment action as proof of discrimination or retaliation. 

Beware alternative to Title VII: There’s another way to file for race discrimination

08/13/2009

You are no doubt familiar with Title VII of the Civil Rights Act. It prohibits various kinds of discrimination and also spells out tight deadlines for when employees must file complaints with a state discrimination agency or the EEOC. But there is another avenue employees can use to get into federal court, as long as race is at the core of the discrimination claim: Section 1981 of the Civil Rights Act.

Frequent firings may indicate personality conflicts, not bias

08/13/2009

Companies that fire lots of employees get sued for discrimination by many of the castoffs. But all those terminations may be an indication of employee/management personality conflicts, not discrimination.

Normal pregnancy difficulties aren’t ADA or MHRA disabilities

08/13/2009

Pregnant women have many legal protections under Title VII’s sex discrimination provisions, the Pregnancy Discrimination Act and the FMLA. They rarely, however, qualify as disabled. That’s because normal pregnancies may create temporary difficulties, but they’re not severe enough to count as substantial limitations …

Are early retirees eligible for the COBRA subsidy?

08/13/2009

Q. We recently offered employees the opportunity to participate in an early retirement program, and several employees elected to take us up on the offer. Are they eligible for the new 65% COBRA subsidy?