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Terminations

This just in: Don’t fire employee for taking FMLA leave

09/05/2008

It seems pretty obvious you can’t legally fire an employee because she took FMLA leave. Every employer knows that, right? Perhaps not. Recently, the 6th Circuit Court of Appeals had to rule on the question when an employer hoped to get a definitive ruling that employees are entitled to leave, but can be fired for using that leave …

Progressive discipline best approach with problem employee

09/05/2008

Some employees may believe their co-workers and supervisors are out to get them because of race, sex or some other protected characteristic. Then they look for evidence to support those beliefs. They catalog every slight for future reference—maybe in a lawsuit. Your best defense against such litigation is a well-established progressive discipline system …

‘No regrets’ over splash heard ’round the world

09/05/2008

Maybe the most disturbing aspect of Timothy Tackett’s now infamous bath in the utility sink of the Xenia Burger King where he worked is how quickly the video footage of it proliferated on the Internet …

Duke Energy settles suit

09/05/2008

Duke Energy Corp. has reached a private settlement with John Deeds, a former employee who claimed he was fired in retaliation for questioning millions of dollars in payments that he considered kickbacks to corporate clients …

Woodmere Village settles reverse discrimination suit

09/05/2008

Woodmere Village in northeastern Ohio has settled an EEOC lawsuit with two police officers who claimed they were fired because they are white …

Survive the ‘perfect storm’ by matching pay to performance

09/05/2008

If your organization has plenty of employees but not enough of the ones with the skills you need to survive the economic downturn, you’re going to have to change the way you pay them. Make three changes to weather the tempest …

How to manage pay-for-Performance in today’s harsh new business environment

09/05/2008

If your organization has plenty of employees, but not enough of the skilled workers critical to surviving a down business cycle, you’re going to have to change your compensation plan. Three changes pave the way—finally!—for a pay-for-performance system that works.

Enforce discrimination rules to avoid NYC’s sky-high penalties

09/03/2008

New York City employers, beware: The sky may be the limit for discrimination damage awards. Federal law limits punitive damage awards in Title VII discrimination lawsuits to no more than $300,000 for large employers. New York state law doesn’t allow them at all. But the New York City Administrative Code discrimination provisions allow juries to award unlimited punitive damages …

Rochester paralegal’s job goes up in smoke

09/03/2008

The Supreme Court of New York, Appellate Division, upheld the firing of Karen Kridel, a former paralegal with Dibble & Miller, PC, in Rochester, for taking smoking breaks. Kridel customarily took two five-minute breaks from her work each day to smoke …

TWC requests $7.35 million for hurricane disaster relief

09/02/2008

The Texas Workforce Commission (TWC) recently requested $7.35 million in Disaster Relief Employment from the U.S. Department of Labor to help with the state’s recovery efforts following Hurricane Dolly, which barreled through South Texas in July …