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Terminations

Halfhearted effort at bailout no excuse for failure to WARN

09/22/2008

Under the WARN Act, employers with at least 100 employees must notify their employees at least 60 days before shutting down or implementing a mass layoff. There is a “faltering company” exception for businesses actively looking for financing or an alternative to shutting down. But employers can only exercise the faltering company exception if they can show they were actively looking for money or business opportunities …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …

Public employees must file USERRA claims in state court

09/19/2008

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court …

Employing agency determines where public employees’ whistle-blower suits will be heard

09/19/2008

The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for. For example, regular state employees can sue if they first ask for a ruling from the State Personnel Board …

Clayton school board members sacked for ethics law violations

09/15/2008
Gov. Sonny Perdue issued an executive order to remove four members of the Clayton County School Board and to confirm the removal of two others after the school system’s accreditation was revoked on Aug. 28 …

Document poor work to make sure firing sticks

09/15/2008
Jerilyn Lucas, a bank branch manager, seemed to be in over her head. She struggled with basic operational matters. Her staff began complaining that she frequently missed work. Lucas’ supervisors repeatedly warned her about her performance. When the bank eventually fired her , she sued …

Bigfoot in his mouth: Officer loses job over fraudulent story

09/15/2008
Officer Matt Whitton of the Clayton County Police Department lost more than his credibility when his amazing “Bigfoot” discovery turned out to be a soggy polyester ape costume. The moment the news reached Police Chief Jeffery Turner, he fired Whitton …

AARP sued for age discrimination

09/12/2008
Bonita Brady, an employee in the Lansing office of AARP, is suing the advocacy group, claiming she was passed over for promotions and terminated due to her age …

Don’t overlook fresh evidence that the employee you fired deserved to go

09/12/2008
Sometimes, employers fire employees for the wrong reasons and end up in litigation. Then, while preparing to defend against the wrongful-termination case, they discover other—perhaps even better—reasons to have terminated the employee. Make sure your attorneys know about the new evidence …

Justice Dept. report: Rumors cost U.S. attorneys’ jobs

09/12/2008
A report from the U.S. Department of Justice’s inspector general indicated that Margaret Chiara, former U.S. attorney in Grand Rapids, and former federal prosecutor Leslie Hagen may have been fired during the term of U.S. Attorney General Alberto Gonzales because of false rumors the women were romantically involved …