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Terminations

Know what’s in that contract before you ask anyone to sign a noncompete

03/12/2009

More and more employers are asking their HR staffs to prepare noncompete agreements to prevent employees from taking trade secrets to competitors. Before you pull out a standard form or download one from the Internet, consider the consequences.

Make pre-firing investigation truly independent

03/09/2009

You might have rogue managers in your midst without even knowing it. If one of your supervisors has it in for a subordinate for discriminatory reasons, and you rely on his recommendation to terminate an employee, you may be in trouble.

You can rely on ‘negative’ FMLA certification

03/09/2009

Sometimes, employees think they’re sick enough to qualify for FMLA leave, but their doctors don’t. Other times, medical staff filling out the medical forms makes mistakes. Either way, if you get a certification or doctor’s note explaining that the employee can work, you are under no obligation to get more information. Instead, you can rely on that “negative” FMLA certification and deny leave.

Use solid research to back business-necessity defense when deciding not to accommodate

03/09/2009

Few employers win ADA cases by using a business-necessity defense. That’s probably because few employers take the time to really lay out why their business cannot accommodate a particular disability. Now the 11th Circuit has decided a business-necessity case that can serve as a blueprint for employers that want to use it effectively.

Warn bosses: Preconceived notions about disability can violate the ADA

03/09/2009

Some conditions aren’t serious enough to constitute disabilities, but some supervisors wrongly assume they do. That’s a major problem: By assuming a condition is disabling, they’re “regarding” the employee as disabled—something the ADA prohibits. Thus, the ADA protects even employees who aren’t disabled.

Has the recession motivated your staff?

03/09/2009

According to a survey by global talent assessment firm SHL, nearly two-thirds (63%) of respondents say the economic nose dive has not had any effect on their motivation at work.

No separate Ohio wrongful-discharge claim for disability discrimination

03/06/2009

A federal court has ruled that Ohio employees who want to sue for disability discrimination can’t add on an additional claim of wrongful discharge under the so-called public policy of the state of Ohio. Employees have to use the federal ADA and the state disability discrimination statute instead.

Employer loses WC claim when it fails to call witness

03/06/2009

Linda Pounds, a resident assistant at Whetstone Gardens & Care Center, injured her back while changing a patient’s bed linens. Once she filed a workers’ comp claim, that’s about the only thing Pounds and the center agreed on …

Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks

03/06/2009

What should you do if you learn that an employee who is out on FMLA leave will not be able to return when her 12 weeks of unpaid leave are up? If you are absolutely sure that she can’t claim she is disabled under the ADA, you can terminate her. But you still must continue providing any benefits she was receiving while on FMLA leave, such as medical premium payments.

J.C. Penney to pay $50,000 to end race discrimination case

03/06/2009

J.C. Penney has agreed to settle a racial discrimination suit filed by Reinell Singh, an African-American employee at a Staten Island store. Singh alleged her supervisor used racially offensive names when referring to her and ultimately fired her because of her race.