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Terminations

Ensure handbook doesn’t make FMLA promises you can’t keep

08/13/2008
An Indiana employer must now respond to charges it misled employees when it promised FMLA benefits in its handbook, even though the company is too small to be covered by the FMLA. The case, recently decided by the 7th Circuit Court of Appeals, shows the problems that arise when employers promise more than they are willing to deliver in their employee handbooks …

Can severance agreement rule out seeking unemployment comp?

08/12/2008
Q. In exchange for severance benefits, we would like a departing employee to promise not to file a claim for unemployment compensation. Can this be a term of our severance agreement? …

Not to split hairs, you can’t sell Harleys looking like that

08/12/2008
Craig Berg joined Apol’s Harley-Davidson of Alexandria as a salesman in May 2006. During his tenure of less than a year, Berg received at least 10 warnings from supervisor Thomas Brenden about his appearance. Brenden objected to Berg’s facial hair, which he shaved every few days. “If you want to grow a beard, grow a beard,” Brenden told him. “If you don’t want to grow a beard, then shave.” …

Fired employee wants termination letter, access to personnel files

08/12/2008
Q. An employee we recently terminated has asked us to provide him with a letter explaining the reasons for his termination. He also has asked for a copy of his personnel file. Are we required to respond? …

Sour environment doesn’t warrant constructive discharge

08/12/2008
Employees who believe they are being discriminated against and can no longer tolerate their work environments may quit and sue, claiming they had no choice. That’s the basis for a “constructive discharge” claim. But it takes more than an unpleasant work environment to justify the resignation as constructive discharge …

Can we withhold accrued vacation pay if employee doesn’t give two weeks’ notice?

08/12/2008
Q. Our company policy is to not pay an employee for unused vacation time if the employee resigns without giving the required two weeks’ notice. A former employee has challenged this policy and is threatening to take the company to court. Is this policy lawful? …

Prepare thorough record if ‘Star’ employee begins to fall

08/11/2008
Nothing looks worse to a jury than an employer who fires an employee for poor performance after the employee receives stellar performance reviews. That’s why you must make sure supervisors and managers prepare honest evaluations, avoid gushing assessments and stick to objective measures …

FIU loses discrimination suit

08/11/2008
A Miami-Dade County jury ruled that Florida International University (FIU) discriminated against Sean St. Louis when it fired him in 2004. If the verdict stands, an already cash-strapped FIU will have to pay $2.5 million to St. Louis …

$46.7 million for manager who blew the whistle on age discrimination

08/11/2008
In the midst of a merger that would make it the second-largest waste collection company in the country, Republic Services Inc., based in Fort Lauderdale, has been ordered to pay $46.7 million for wrongfully firing an employee and doctoring company records to justify its actions …

Extra work, harsh treatment may not be reverse discrimination

08/11/2008
Resentment may run high if employees feel like they’re picking up the slack for other employees they perceive as doing less than required—especially if they believe management isn’t making others pull their fair share because of race or nationality or some other protected classification. But that doesn’t necessarily amount to reverse discrimination …