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Terminations

How can we terminate a morale buster who is in ill health?

05/27/2009

Q. We have an employee who was out six months with a heart condition. He has had performance problems on and off since then. Now we face a morale issue because he constantly talks about his illness, and his co-workers feel he isn’t performing. If we terminate him, what is the best approach?

What are the rules on letting a former employee see her personnel file?

05/27/2009

Q. Are we required to let terminated employees come in and view their personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file.

The $10 million ‘manager from the past’: Teach bosses the risk of age-related remarks

05/27/2009

If you need more incentive to persuade supervisors to stop making negative comments about employees’ ages, consider this: A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk.

Investigation results don’t have to be accurate—just honest

05/27/2009

When HR investigates discrimination complaints, you don’t have to act like a court of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” So don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Lessons from the Courts: June 2009

05/27/2009

You don’t have to tolerate foul language … Customer gripe caused firing? Get it in writing … Ledbetter Act already spurring more pay cases … Track when you notify worker of firing … No signature? Settlement may still be binding.

Firing after FMLA leave: How soon is ‘too soon’?

05/27/2009

An employer fired a worker just six weeks after she returned from FMLA leave. Six weeks is like a nanosecond on the retaliation stopwatch. But the court still dismissed the case. Why?

Threats at work: You can punish, even if weapon turns out to be a toy

05/27/2009

You probably have workplace rules that ban weapons in the workplace and don’t allow employees into the building with guns or knives. And that rule probably spells out that you will terminate an employee who threatens or displays a weapon at work. But what if the ‘‘weapon’’ turns out to be a toy?

N.C. law protects workers who refuse boss’s sexual advances

05/27/2009

North Carolina’s Equal Employment Practices Act (EEPA) provides that “it is the public policy of this State” to protect employees from discrimination. Until now, it was unclear how far the law went in giving employees the right to directly sue their employers.

Can a lazy worker collect unemployment?

05/27/2009

Q. We have an employee who does not work very hard and her production is marginal. If we terminate the employee, will she be able to collect unemployment compensation?

Nothing to sneeze at: Reach of wrongful-discharge law limited

05/27/2009

Pennsylvania common law protects employees from discharges that violate public policy, but what violates public policy isn’t defined. Courts must therefore decide what the term means.