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Terminations

Counter bias claims with complete records

06/08/2009

These are tough economic times, and employers can’t be blamed for cost-cutting measures such as reductions in force. But before you act to trim your labor burden, prepare solid evidence showing exactly why you must cut those costs. You need a clear, written record, since those who participated in the decision-making may not be around to testify if the layoffs are challenged in lawsuits.

With eye on economy, 8 comp & benefits changes to watch

06/05/2009

The weak economy is forcing organizations and their employees to make some tough benefits choices. Here are eight trends to watch:

COBRA subsidy available even after ‘involuntary’ termination

06/05/2009

Under the massive new federal economic stimulus law, employees who suffer an “involuntary termination” have to pay just 35% of the cost of COBRA continuation health care coverage. Employers cover the rest and then the government reimburses them. But what does “involuntary termination” mean?

10 steps to stress-free, lawsuit-free termination meetings

06/05/2009

Terminations are the hardest things HR professionals and supervisors have to do—and probably the most legally dangerous. One wrong word can trigger a lawsuit. To handle terminations well, you need to keep calm and communicate your message without escalating the tension. Here’s a 10-step process.

Audit firings to guard against bias suits

06/05/2009

Employees who lose their jobs have very little to lose by making an appointment with an employment lawyer. To prepare for possible surprises, you should do what a good employment attorney does—look for hidden discrimination in your workplace.

Consider challenging disability application after discharge

06/05/2009

Public employees who become disabled may be entitled to disability retirement. But if the employee’s disability application coincides with discharge, consider aggressively challenging the application and asking for further medical review.

Always investigate harassment before firing

06/05/2009

If you have ever been tempted to fire an alleged harasser just because you suspected the alleged victim might sue, consider this: The 2nd Circuit Court of Appeals has concluded that fear of being sued is no excuse for firing a suspected harasser without investigating.

State pays $300,000 to the photographer Paterson fired

06/05/2009

When Gov. David Paterson was Senate minority leader in 2003, he fired a white photographer and replaced him with a less qualified black one. Now the state has agreed to settle the original photographer’s lawsuit for $300,000 while admitting no wrongdoing.

Beware influence of biased supervisor when making termination decisions

06/05/2009

Here’s a way to guarantee a race discrimination case will go to a jury trial: Let a supervisor with an obvious racial bias participate in the decision to terminate an employee who belongs to the protected class the supervisor dislikes. Even if you have a seemingly legitimate reason to terminate the employee, the supervisor’s involvement will taint the entire process.

Suspect worker isn’t disabled? See if he’s working elsewhere

06/05/2009

Some employees have minor medical conditions they claim make it impossible to perform some aspect of their jobs. They want accommodations, assuming they will meet the ADA disability definition. If you want to challenge such a disability claim, check to see whether the employee is working elsewhere.