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Terminations

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.

Use progressive discipline—or prepare to pay unemployment even if conduct was outrageous

06/05/2009

Ohio employees who are discharged for just cause aren’t entitled to unemployment compensation payments. But Ohio courts frequently hesitate to cut off unemployment benefits for one-time conduct that may be outrageous—as long as the employee doesn’t have a history of past disciplinary problems and the employer has a progressive discipline program it didn’t use.

Control costs with furlough strategy that’s flexible, fair

06/05/2009

If your organization is limping through the economic downturn, you’ve no doubt considered cutting down your labor burden to save money. Before you resort to radical surgery—in the form of layoffs—consider a more benign cure that increases the odds of a full recovery. Furloughs—requiring staff to take unpaid time off—can reduce payroll costs without inflicting long-term damage.

Must we pay out unused vacation days when we fire employees or they quit?

06/01/2009

Q. Is an employer required to pay workers for their unused vacation days when they resign or are terminated?

Beware vengeful boss’s shadowy retaliation

06/01/2009

Even if someone else in the management hierarchy actually terminates an employee, a supervisor who’s seemingly had it in for the employee can still cause a world of legal headaches for the employer. This is the so-called “cat’s paw” legal theory, which holds that employers are liable if they approve a recommendation that is based on illegal motives such as retaliation.

‘Same’ offense? Document why discipline differs

06/01/2009

If you punish two employees differently for what looks like the same rule violation or mistake, you’d better be prepared to explain why. If you are later challenged, you should be able to show that the two weren’t “similarly situated” and prove you didn’t favor one over the other.

Houston strip club’s youth movement draws EEOC suit

06/01/2009

The EEOC recently filed suit against AHD Houston, claiming that Mary Bassi, a waitress at Cover Girls strip club, was fired because of her age. The federal agency brought suit against the strip club’s parent company, arguing that Bassi was fired and replaced by younger servers even though she was popular with customers …

EEOC says you discriminated? Investigate on your own before accepting settlement

06/01/2009

The EEOC essentially exists to prevent lawsuits by independently investigating discrimination claims and then trying to settle as many disputes as possible. Not surprisingly, the EEOC and its sister agencies often come to believe a discrimination problem exists and then urge employers to settle. Know that you don’t have to agree to settle.

Tell bosses: Keep family planning and pregnancy talk out of the workplace

06/01/2009

It’s natural to ask questions when you learn someone at work is going to have a baby. But it’s quite another thing when pregnancy-related questions come from supervisors. It’s best to let HR handle any leave requests and the like. Otherwise, you just might find your questions interpreted as anti-pregnancy bias if you end up having to fire a pregnant employee.