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Terminations

Tell bosses: No comments on insurance cost, age

02/12/2009

Remind all managers and supervisors to keep any thoughts on insurance costs to themselves. If older employees end up being disproportionally affected by a reduction in force, any comments on insuring older employees may come back to haunt you.

Cite specific reasons for disciplining every employee who breaks company rules

02/12/2009

When it comes to disciplining employees, one size almost never fits all. An individual approach—one that considers the very specific circumstances that led to the discipline—is usually best.

Last-chance agreements put employers on sure footing

02/12/2009

If you offer last-chance agreements instead of immediately firing employees, you can impose seemingly draconian measures without worrying about a lawsuit. If you later terminate an employee for violating agreement terms, most courts will take your side.

Acute but temporary illness isn’t disability

02/12/2009

Don’t jump to the conclusion that, just because a sudden illness or condition requires emergency medical care or even surgery, the employee who falls ill is disabled. The standard ADA test still applies.

Set an example: It’s OK to punish managers more harshly than subordinates

02/12/2009

Impressions do matter, and employers are free to demand more of supervisors and managers than of those who sit lower on the company totem pole. All else being equal, you can treat it as a more serious violation when someone in authority breaks the same rule as an underling.

Refusal to say ‘Happy holidays’ leads to EEOC complaint

02/12/2009

A Florida employee who was fired for saying “Merry Christmas” when answering the phone instead of the approved “Happy holidays” has filed a religious discrimination lawsuit against her former employer.

Sodexo Laundry Services settles pregnancy discrimination lawsuit

02/12/2009

Sodexo Laundry Services and the EEOC have settled a lawsuit over pregnancy discrimination for $80,000. The EEOC alleged that a Haitian linen room attendant who asked for an alternative assignment when she developed pregnancy complications was instead fired.

OK to have stricter standards for probationary employees

02/12/2009

You can learn a lot about an employee during the first few weeks. Missing work then probably means attendance will be a problem later. Having stricter rules during the initial probationary period will help you weed out problem employees.

FMLA protects workers before they’re eligible

02/12/2009

An Illinois court has ruled that employees who request FMLA leave before they’ve met the eligibility thresholds are protected from retaliation. An employer can’t, for example, fire such an employee because he says he will soon be taking FMLA leave and perhaps undergo expensive medical treatment.

Check all records before answering EEOC charges

02/12/2009

Inconsistent stories and explanations look like lies to the everyday people who sit on juries. That’s one reason it’s crucial to double-check all your records and get the facts straight before you respond to EEOC, state or local anti-discrimination agency charges.