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Terminations

Beware firing based on police polygraph tests

01/27/2009

Employee theft is a big problem, and it could get bigger during hard economic times. Sometimes employers learn about “inside jobs” from police. When that’s the case, watch out for an interesting trap that can lead to litigation.

Boss makes employee sick? That’s no disability

01/27/2009

If every employee who got depressed or anxious after receiving a poor performance review or trying to satisfy a demanding boss could sue, the courts would have little time for anything else. That may be one reason that courts have been rejecting ADA cases based on stress and anxiety brought on by work conditions.

Proven way to win shaky bias suits: Be specific about reasons for discharge

01/27/2009

Discharged employees who sue over alleged discrimination often must prove that the reason their employers gave for firing them was really a cover for discrimination. If you’re very specific about your reason for terminating an employee, you’re likely to win these kinds of lawsuits.

Patience key when you think worker won’t return from FMLA

01/27/2009

Employers can terminate an employee on FMLA leave if it becomes clear she will not return. But get this one wrong and you may end up in court. A better approach: Wait to do the firing.

Understand NJLAD’s broad definition of ‘handicapped’

01/27/2009

Don’t make the mistake of assuming that someone who isn’t disabled under the ADA also isn’t disabled under the New Jersey Law Against Discrimination. The fact is, the NJLAD is far more generous in its definition.

North Carolina workers: scared; biz leaders: fingers crossed

01/27/2009

The economic meltdown has North Carolinians caught in the grip of fear and insecurity, but state business leaders are cautiously optimistic things could turn around sooner rather than later.

Jobless claims crash unemployment comp system

01/27/2009

States—such as North Carolina—that have moved to electronic filing for unemployed workers have learned what can happen when too many people try to use the e-filing systems at the same time.

How some North Carolina businesses are handling downturn

01/27/2009

Caterpillar, the heavy equipment company, used temporary layoffs to cut costs. Cisco Systems, the global information technology company, did a holiday shutdown in late 2008 to save money.

Can you discipline workers for their raunchy Facebook postings?

01/21/2009

The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. Here’s a recent example, plus five tips to help you avoid legal trouble …

What’s your duty to accommodate domestic violence victims?

01/16/2009

About a dozen states have laws that allow employees to take job-protected leave to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks.