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Terminations

You don’t have to ask for FMLA certification for every absence

06/12/2008
Balancing business needs against employees’ legitimate FMLA rights is one of the hardest parts of managing absenteeism. Now there’s one less thing to worry about. A new case makes it clear that you don’t have to request an FMLA certification every time an employee calls in sick …

Insist all harassment allegations go to HR for review

06/12/2008
Nothing will cause trouble faster than a manager or supervisor who doesn’t report a subordinate’s alleged harassment. If no one reports the problem, it may resurface later—for example, after the employee has been discharged for valid reasons …

Michigan religious employers have ‘Ministerial exception’

06/12/2008
A Michigan appeals court has ruled that religious employers have the right to make some employment decisions based on a constitutional “ministerial exception.” Essentially, employees hired to carry out an institution’s religious mission can’t sue under civil discrimination laws …

Retain supervisors’ notes, just in case discrimination rears head years later

06/12/2008
Managers often don’t realize how important it is to keep notes and other records for a long time, even after an employee has quit. Remind them that employees have up to three years to sue under the Elliott-Larsen Civil Rights Act (ELCRA) …

Warn managers and supervisors: You may be personally liable for discrimination!

06/12/2008
Now is a good time to remind management that the Elliott-Larsen Civil Rights Act (ELCRA) holds managers and supervisors personally liable for any violations. That means their personal assets are on the line if an employee wins a discrimination lawsuit …

House passes off-Duty activities bill

06/12/2008
In a vote split along party lines, the Michigan House of Representatives passed legislation that would prohibit employers from firing or refusing to hire workers because they engage in legal off-duty activities such as smoking …

Employee filed for workers’ comp? Careful with layoff

06/12/2008
If your organization plans to lay off employees, make sure you don’t target anyone for a furlough because of a workers’ comp claim or prior injury. That’s why it’s a good idea for someone in HR to audit the layoff list for any apparent retaliation …

GM closes four plants, shifts focus to fuel-Efficient cars

06/12/2008
Responding to skyrocketing gasoline prices, General Motors has announced it will shift its product mix to 60% cars, up from its current 50%, and close four plants that make trucks …

More woes at American Axle

06/12/2008
Less than half of the hourly employees who returned to work following an 87-day strike at American Axle & Manufacturing will have jobs in a year, the company announced. The company also will cut its hourly labor rate, including wages and benefits, by half …

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …