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Terminations

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.

Beware shifting explanations for firing

01/16/2009

If you have to terminate an employee, don’t fall into a trap that can easily lead to a lawsuit. Don’t provide conflicting reasons for the termination or drop one when the employee or the EEOC asks for details.

Suspect FMLA leave shenanigans? Follow the law’s certification requirements

01/16/2009

Sometimes, employees whose vacation requests are turned down try to get time off by producing a doctor’s note. Some even up the ante by trying to claim FMLA leave. If you really believe an employee is trying to pull a fast one, you have two options if you want to avoid possible FMLA interference charges.

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Unemployment filings overwhelm state systems

01/16/2009

Amid the crush of newly jobless Americans seeking benefits, electronic unemployment-filing systems crashed in three states in January—New York, North Carolina and Ohio.

Chicago protest becomes symbol of the nation’s woes

01/16/2009

Workers who occupied Republic Windows and Doors in Chicago after getting three days’ notice that the plant was closing became a symbol of the nation’s economic trials, drawing support from then-President-elect Barack Obama.

Los Angeles fashion icon to try on lawsuit

01/15/2009

Roberto Hernandez, who used to work in American Apparel’s inventory and IT operation, claims he was fired for refusing to pad the company’s stats at CEO Dov Charney’s request. Now he’s filed suit against the company, alleging wrongful termination, breach of contract, infliction of emotional distress and other charges.

Fired after bankruptcy, Mervyn’s workers file WARN suit

01/15/2009

Three former Mervyn’s employees recently filed a lawsuit against the bankrupt department store company for violating the federal WARN Act when it suddenly fired hundreds of workers last year.

Can we terminate now an employee who we know can’t return from FMLA leave?

01/13/2009

Q. We have an employee out on FMLA leave and have just learned that she will not be able to return to work when her FMLA entitlement expires. Should we go ahead and send her a termination notice now?