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Terminations

Tenure denial and discharge don’t give right to sue over ruined reputation

12/31/2008

Probationary university professors whose contracts aren’t renewed because they failed to achieve tenure status can’t use tenure denial alone as the basis of a suit alleging damage to their reputations. They must show that the decision was actually motivated by something like race or sex discrimination.

Seek civility, don’t sweat oversensitivity

12/31/2008

Whether a work environment is actually sexually hostile depends on whether that’s how an average person would perceive it. A supersensitive person won’t get to sue for sexual harassment if an ordinary person would brush off the alleged harassment.

Charlotte-Meck teachers disciplined for Facebook postings

12/31/2008

Offensive postings on the social networking web site Facebook led the Charlotte-Mecklenburg Schools (CMS) to fire one employee and discipline seven others.

BoA plays role of savior in Chicago protest bailout

12/31/2008

When workers at Republic Windows & Doors in Chicago were given three days’ notice in December that the plant was closing, they staged a sit-in at the shuttered factory to demand severance pay and benefits. Republic told employees that Bank of America had canceled its financing …

The firing meeting: 4 classic mistakes

12/30/2008

Terminating an employee is one of the most stressful tasks managers and HR pros will ever have to face. Don’t let a difficult job turn into a legal nightmare too. Avoid these common firing mistakes, and you’ll probably avoid an expensive trip to court as well.

Prepare for the worst: Public employees can sue even for being suspended

12/24/2008

Government employees frequently have a constitutional right to notice and some sort of a hearing before losing their jobs. And according to a recent federal appeals court decision, that right sometimes extends to a suspension or some other discipline that stops short of termination.

Don’t panic when former employee files massive lawsuit—most claims go away

12/24/2008

These days, employees and their attorneys often go to great lengths to intimidate employers. One way to do that is to file a huge lawsuit—one that takes up pages and pages, and includes a laundry list of allegations … Before you panic, call your attorneys

EEOC reaches settlement in racial harassment case

12/24/2008

The EEOC has settled a lawsuit it filed against Texas-based Cadit Co., which was doing work for the San Francisco Municipal Railway. The agency said Cadit allowed a foreman to harass a Chinese-American welder.

Winning unemployment case doesn’t let you off the hook for wrongful discharge

12/24/2008

Many employers carefully prepare for unemployment compensation hearings, especially if the employee was fired for misconduct. Then, having proven that the employee was fired for some wrongful act, they naively conclude that the same employee can’t turn around and sue them for wrongful discharge.

No free attorneys for employees who sue

12/24/2008

If anything would add to the avalanche of employment suits already burying employers in litigation, it would be providing free legal counsel to employees who sue. Fortunately, at least one federal court hearing a New Jersey case has nixed the idea.