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Terminations

How does a layoff affect seniority for someone receiving workers’ comp benefits?

04/20/2009

Q. We have an employee who had been performing light-duty work for more than six months. We laid him off based on his seniority. Now he is receiving workers’ compensation benefits again. Our collective-bargaining agreement provides that an employee will lose seniority after being laid off for a year. Does the fact that our employee is receiving workers’ comp benefits have any effect on his seniority rights?

Study: When workers leave, so does company data

04/17/2009

More than half of employees (59%) who lost or left their jobs in 2008 took company data with them, according to a study by Symantec and the Ponemon Institute. Of those who admitted taking data, 61% had an unfavorable view of their former employers.

Remind bosses: No comments on EEOC complaint

04/17/2009

Many supervisors and managers have yet to learn they shouldn’t make any comments about an employee’s EEOC or other discrimination complaint. Remind supervisors that any comment about employees’ legal claims can be retaliation—and retaliation is much easier to prove than actual discrimination.

Unholy trinity: 3 employees for the price of 1

04/17/2009

Soon after Gary Lizalek was hired at a Wisconsin medical firm, he informed the company that he believed, as a matter of religious faith, that he was three separate beings. The company fired all three Lizaleks. He sued, saying the company failed to accommodate his religious beliefs.

How to respond to an EEOC complaint: 10 steps to success

04/17/2009

The EEOC and state and local agencies have been filing more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond:

Secretly recording co-workers: A firing offense?

04/17/2009

Q. Some employees discovered that a co-worker has been secretly recording conversations with them and a supervisor. They’re complaining about the invasion of privacy. The company president’s first reaction was to have the employee arrested, but I’m not sure he broke any laws. Should we contact police?

Defend against retaliation claims: Good records can stop whistle-blower complaints

04/17/2009

Whistle-blowing employees almost always expect to experience retaliation. They start looking for it as soon as they file a complaint or bring a safety issue to their employers’ attention. Smart employers anticipate this and make absolutely sure that any discipline, layoff or other adverse employment action is wholly justified before they implement it.

Must we call back laid-off workers first?

04/17/2009

Q. Are we required to call back an employee who’s been laid off? The person wasn’t a responsible employee and called off often. Are we obligated to call the person back to work if we have an opening, or are we eligible to hire someone else?

Chicago sit-in employees will be called back

04/15/2009

The 250 Republic Windows and Doors workers who staged a sit-in at the Chicago plant last December will be called back to work over the next few months as part of a bankruptcy proceeding. The workers started the sit-in after Republic owner Rich Gillman closed the unionized plant and opened a nonunion plant in Iowa days later.

Unholy trinity: 3 employees for the price of one

04/14/2009

Religious accommodation went up against business necessity recently when the "Three Faces of Eve" butted heads with an employer in court. Find out how many winners there were.