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Terminations

Religious accommodations: Must you let employee wear a nose ring?

07/14/2009

Federal anti-discrimination law says employers must try to “reasonably accommodate” employees’ “sincerely held religious beliefs or practices,” as long as the accommodations wouldn’t place an undue hardship on their organizations. What religious practices would be deemed legitimate in the EEOC’s eyes?

Fire with caution if employee has just asked for FMLA leave

07/13/2009

Employees who know they are in trouble often try to protect themselves by asking for FMLA leave. That tactic might work only if the employee can show he was eligible for it.

Crom companies head to court to defend harassment charges

07/13/2009

The EEOC has filed charges against Crom Corp. and Crom Equipment Rentals, two Gainesville construction companies, for firing a black worker after he complained of racial harassment following an alleged series of disturbing events.

Just-departed worker owes us money: Can we dock (or withhold) his final paycheck?

07/08/2009

Q. One of my employees who recently quit has failed to pay back a personal charge he made on our corporate credit card. Can I simply deduct the amount of the charge from his last paycheck or withhold his final paycheck until he pays for the charge?

Don’t rush to judge accommodation requests; ADA requires interactive give-and-take

07/08/2009

Employees who qualify as “disabled” under the ADA have the right to reasonable accommodations to allow them to perform the essential functions of their jobs. But choosing those accommodations requires an “interactive process” between employer and employee. Employers that rush to judgment about the alleged disability or the accommodation request will risk legal trouble.

‘Same-actor’ defense won’t always work; establish unbiased reasons for firings

07/08/2009

When the person who hires someone is the same one who conducts the firing, courts typically discount the idea that discrimination was involved. After all, why would someone who hired an applicant discriminate later because of that person’s age, race or sex? But be aware that the defense doesn’t always work if there is clear discrimination evidence.

Firing harasser is necessary, even if long-ago age comment could spark lawsuit

07/08/2009

Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.

Under Texas law, do fired employees have a legal right to see their personnel files?

07/08/2009

Q. I recently fired an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees copies of their personnel files?

‘Unethical’ isn’t enough under Minnesota whistle-blower law

07/08/2009

Employers can’t fire employees in retaliation for “blowing the whistle” on illegal activities. But Minnesota’s Whistleblower Statute doesn’t apply to workers who complain about practices they simply think are unethical.

Texas employers: Expect spike in unemployment taxes in ’10

07/08/2009

Texas Workforce Commission Chairman Tom Pauken of Dallas recently announced that Texas employers should expect their unemployment insurance taxes to rise significantly next year. Pauken said the increase in layoffs is close to exhausting a state trust fund.