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Terminations

Get legal advice before settling with employee

11/12/2008

Sometimes, it’s tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. If a few thousand dollars will avoid an expensive lawsuit, it’s worth it, right? Maybe, maybe not …

Objectivity is what counts in constructive discharge cases

11/12/2008

Sometimes, employees who think they are about to be fired for poor performance will try to take pre-emptive action by quitting and then suing. Courts are pretty strict when it comes to “constructive discharge” …

McDonald’s exec drops board duty, ending boycott

11/12/2008

The American Family Association (AFA) ended a five-month boycott of Oakbrook-based McDonald’s after a company executive resigned his seat on the board of the National Gay and Lesbian Chamber of Commerce.

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.

Use the calendar-year method to tame the intermittent FMLA leave beast

11/10/2008

Employees who take intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave. One way is to use the calendar-year method to set FMLA leave eligibility.

Take it seriously when employee yells, ‘Stop!’

11/10/2008

Employees who suffer reprisals after complaining about possible discrimination or harassment can sue for retaliation. But they can do so only if they can show they “engaged in protected activity”—that is, that they told their employer about the alleged discrimination or harassment.

Court: State can ban convicted abusers from working in schools

11/10/2008

Over the past few years, the Florida Legislature has enacted a growing list of restrictions on who can come onto school property. One state law bars anyone convicted of child abuse from school premises.

Have counsel review arbitration agreement

11/10/2008

Do you use an arbitration policy to resolve workplace disputes? If so, it pays to have your attorney review that agreement to make sure it meets Florida contract law standards—especially if you operate in several states and use the same agreement for each location.

Warn managers: No negative comments on FMLA

11/10/2008

Anxiety about the economy and job prospects may adversely affect some employees, especially those prone to stress-related illnesses or whose physical problems flare up when working long hours. As a result, you may see an increase in requests for FMLA leave. Be careful not to criticize employees for trying to exercise their FMLA rights …

Cutting senior staff to save salary costs? Check impact on older workers

11/10/2008

One way to reduce your labor budget is to terminate staff members who are paid the most and replace them with employees who earn less. But be careful before you implement a layoff based on seniority.