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Terminations

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.”

Be prepared to explain why offenses were similar but punishments differed

12/08/2008

Employers need flexibility when it comes to disciplining employees. But flexibility can’t come at the expense of members of a protected class. Be careful before you approve different punishments for the same or very similar rule violations.

Government employer alert: Firing because of spouse’s comments is unconstitutional

12/08/2008

Public employers, take note: If an employee has an outspoken spouse who chooses to voice concerns about the actions of the government agency, think twice before punishing the employee. It may amount to depriving the spouse of her First Amendment right to speak out on public issues.

Small age difference may support age bias claim

12/08/2008

Employees who claim they were fired or didn’t get hired because of age discrimination don’t have to prove that the employee who was hired or retained was younger than age 40. Instead, they need only show that the other employee was at least seven years younger.

Worker denied unemployment can’t keep filing claims

12/08/2008

It may seem like common sense, but it took an Ohio Court of Appeals decision to settle the question: Employees can’t keep filing unemployment compensation claims for the same discharge after they lose the first round.

Headmaster gets nearly $1 million in retaliation case settlement

12/08/2008

Lake Ridge Academy in North Ridgeville agreed to pay $950,000 after a federal jury found that it fired James Whiteman in retaliation for expressing concerns about possible pay inequities at the private school.

In search of the elusive ‘Abercrombie look’

12/08/2008

Dulzia Burchette, a black former saleswoman for the preppy-glam Abercrombie & Fitch clothing store chain in New York City, is suing the Ohio-based retailer for racial discrimination.

Warn managers: No statements even remotely suggesting bias against older workers

12/05/2008

Age bias has no place in the workplace, and managers are primarily in charge of preventing it. Warn them against making any statements that may indicate management or your organization prefers younger employees to older ones.

Stop client poaching with restrictive covenant

12/05/2008

If your business depends on solid client relationships, now is the time to safeguard those relationships with a restrictive covenant that prevents employees from jumping ship and taking customers with them.

Lawsuit: Lehman bankruptcy stiffed riffed NYC workers

12/05/2008

Miron Berenshteyn, a former computer programmer for Lehman Brothers in Jersey City, has filed a $5 million lawsuit alleging the company violated the federal and New Jersey WARN acts when it laid off more than 100 workers in September.