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Terminations

Prepare to comply with two new employment laws

01/09/2009

Beginning Feb. 1, New York employers must comply with two important new state employment laws affecting notification of impending layoffs and the conduct of criminal background checks.

Disabled former employees can’t recover benefits under ADA unless they seek rehire

01/05/2009

In a common-sense decision, the 6th Circuit Court of Appeals has ruled that former employees who are disabled cannot sue their former employers under the ADA to recover retirement benefits that were reduced because they received Social Security disability payments from the federal government.

Accepting early retirement incentive may end lawsuit

01/05/2009

Employees who have pending lawsuits against their employers may be among a group of employees who receive early retirement offers that are part of downsizing initiatives. If litigious employees accept such a buyout offer, they may lose their standing in their lawsuits.

Insist whistle-blowers use internal process before suing or calling authorities

01/05/2009

It may not be particularly comfortable for government employees to bring alleged wrongdoing to their supervisor’s attention, but whistle-blowers have to muster the courage to do just that. The Texas Whistleblower Act says so.

Prepare to make clear-cut case before firing public employee working on contract

01/05/2009

Ohio public school employees who work under contracts for a set term have the right to keep working until the contract runs out, absent certain “extraordinary circumstances.” But school districts that show exactly why an employee should be fired … are on solid ground when it comes to a later lawsuit.

Don’t mess with the maestro

01/05/2009

Donald Rosenberg is suing The Plain Dealer, claiming he was fired from his beat as classical music critic because he frequently panned the Cleveland Orchestra’s conductor, Franz Welser-Möst.

UT HR official fights for job after newspaper op-ed furor

01/05/2009

Crystal Dixon, former associate vice president of HR at the University of Toledo (UT), has filed a federal lawsuit challenging her termination for writing a newspaper column that conflicted with the university’s values. In April 2008, Dixon wrote an opinion piece defending limits on domestic-partner benefits …

Hang tough when there’s absolutely no discrimination

01/05/2009

Sometimes, you have to trust that your lawyer and the courts will do the right thing and toss out a clearly frivolous case. As long as you are sure that you have solid reasons for firing an employee who wasn’t doing her job—and that you didn’t treat her any differently than any other employee with the same track record—fire her.

Can I fire an employee whose financial woes have me worried about our own finances?

01/05/2009

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Texas Workforce Commission gets $5 million for base closures

01/05/2009

The U.S. Department of Labor (DOL) has announced that Texas will receive a $5 million grant to help respond to military base realignment and closures.