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Terminations

Be prepared to grant FMLA leave for diagnosis of serious health condition

12/09/2008

Routine doctors’ appointments such as checkups or annual physicals aren’t considered eligible for FMLA leave, but appointments aimed at diagnosing a condition may be. Employers that know the employee is seeing a specialist as part of the followup to an auto accident, for example, are on notice that the employee may need to take FMLA leave …

It’s OK to ban prescription drugs if you have genuine safety concerns

12/09/2008

Employees who take certain prescription drugs for legitimate medical conditions may be unable to work safely if their jobs involve heavy machinery, split-second judgment or the ability to remain alert. If that’s the case, it’s not disability discrimination to ban employees from working while on those medications.

Employee in drug treatment? Consider DATWA before firing

12/09/2008

Do all your supervisors and HR staff understand how Minnesota’s Drug and Alcohol Testing in the Workplace Act works? If not, train everyone now or face the possibility of punitive damages.

Quit or fired? Answer affects whether you pay unemployment

12/09/2008

How an employer handles an employee who doesn’t show up for work can mean the difference between paying unemployment compensation and not being liable.

Must we offer severance payments?

12/09/2008

Q. It looks like it will be necessary for our company to lay off several employees. Can you tell me whether we are required to pay severance? If so, how much?

FSU athletics tutor sues for defamation

12/09/2008

Brenda Monk, a former learning specialist for Florida State University (FSU), has announced plans to file a $600,000 lawsuit for defamation following allegations that she provided test answers to FSU football players and other athletes she was tutoring.

How frequently must employees be paid? What’s the rule on final paychecks?

12/08/2008

Q. How often do I have to pay my employees? Are there any rules that require payment upon termination within a specific time period?

What are the ground rules for records retention?

12/08/2008

Q. How long do I have to keep employees’ personnel files after their terminations?

Former TV producer ups the ante in disability suit

12/08/2008

Erin Primmer, former producer of “The Montel Williams Show,” has increased the amount of her disability discrimination lawsuit against CBS by a whopping $3 million. Primmer claims she was wrongfully fired after she collapsed from a brain aneurysm in 2007 …

Older worker suddenly dinged? See you in court

12/08/2008

Judges are naturally suspicious. They regularly see the worst of humanity, and many don’t have the rosiest outlook on life. So when they hear that an employer suddenly disciplined an employee who has put in decades of service with nary a blot on her disciplinary record, they think “age discrimination.”