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Terminations

ADA: Driving could be a major life activity

08/11/2009

Most federal appeals courts have concluded that driving is not a major life activity under the ADA. Thus a disability that simply impairs the ability to drive isn’t covered under the law. But what if the inability to drive prevents someone from holding a wide range of jobs? Does that mean the individual is substantially impaired in the major life activity of working? According to one federal trial court considering a Florida case, the answer is yes.

What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.

Use formal process to promote from within

08/11/2009

While courts seldom want to second-guess employment decisions, sometimes employers provoke that scrutiny. That can happen, for example, when companies rely on the “old boy network” to promote from within instead of using a more formal, organized process.

Tell bosses: Check anti-military bias at door

08/07/2009

Employers must deal with employees being called to military service, even if that forces them to do more work with fewer people during the current economic crunch. The Uniformed Services Employment and Reemployment Rights Act and the FMLA grant special rights to employees who also serve in the armed forces. Some managers may resent the burden the laws cause. Too bad.

Check severity of harassment allegations when facing hostile environment claim

08/07/2009

Fortunately, courts don’t have the time or inclination to guarantee that every workplace is free of irritations or minor problems. Those can include what some employees may interpret as sexual harassment. One relatively innocuous pass isn’t usually enough for an employer to lose a case in court.

Solid discharge reason trumps retaliation claim

08/07/2009

When an employee is discharged shortly after returning from FMLA leave, she may charge retaliation. The timing alone may be enough to send the case to trial. If an employer has a solid reason for the firing, however, it can win.

Downside of providing a recommendation on an employee’s social media page?

08/07/2009

Q. An employee has asked me, as his direct supervisor, to provide him a recommendation on his LinkedIn page. He’s a good employee and I don’t see any harm in granting his request. Are there any risks?

Don’t factor in FMLA when making RIF list

08/07/2009

Many employers are discovering they have to cut staff to survive. It’s tempting to eliminate those positions where the least work is being done. After all, the employees doing the least work should be the least missed. But before you decide to RIF someone, remember that you cannot consider FMLA leave in the calculation.

Brooklyn complex settles disability bias case

08/06/2009

Managers of the massive federally funded Starrett City housing complex in Brooklyn have settled with the EEOC, bringing a halt to a lawsuit that accused the management company of disability discrimination after it allegedly failed to promote an employee because he suffers from attention deficit disorder.

Reorganizing? Prepare to give reason for each termination

08/06/2009

If you have to terminate employees during a reorganization, you can expect some of them to sue you. If that happens, don’t assume the court will blithely accept a general reorg as the reason why a particular employee lost her job. Be ready with a specific explanation why you terminated each one.