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Terminations

Warn employees: No FMLA certification, no excused absence

05/23/2008
If employers take a lackadaisical approach to medical certifications, they might be issuing an invitation to abuse FMLA leave. Remind your employees that they must provide FMLA certifications—and that refusing to cooperate will result in the time off being counted as unexcused absences. The consequence: possible termination …

Appearances do count: Check for hidden bias in terminations

05/23/2008
Before making a final decision on a reorganization or series of RIF terminations, take a close look at any characteristics the employees losing their jobs might share. A set of terminations that affects only members of a protected class is sure to attract attention …

Employee has used all FMLA leave? Assess disability status before terminating

05/23/2008
The FMLA entitles employees to up to 12 weeks of unpaid leave to deal with a serious health condition. That doesn’t mean, however, that you should immediately terminate an employee who can’t return to her job right away. That could violate the ADA …

Threatening, but not hostile

05/23/2008
Keith Harris and Dennis Alexander, who are black, sued Joseph Orlando, owner of Cobra Construction, for constructive discharge and racial discrimination, saying they were forced to quit out of fear for their lives …

17 Questions to Determine if Workers are Fully Engaged

05/22/2008
Don’t think you can pick out disengaged workers from a lineup. Employees usually check out mentally long before you spot the obvious signs—poor productivity, absenteeism, lousy customer service. Find out whether your employees are fully engaged in their work by asking them these 17 questions.

Wrap it up: Employee loses job after head scarf dispute

05/19/2008
Deborah Yehudah joined the University of Georgia (UGA) as a cafeteria worker in July 2005. Yehudah received a copy of the university dress code, which restricted allowable hair restraints to hairnets and UGA food service hats or baseball caps …

Moonlighting may not disqualify employee from CFRA leave

05/16/2008
Do you have employees who work for you full time, but also work elsewhere part time? If so, a recent California Supreme Court decision may affect how you handle requests for California Family Rights Act (CFRA) leave …

Check bankruptcy filings for possible ‘Get out of jail’ card

05/16/2008
Employees who have been fired or otherwise lose their jobs frequently encounter financial problems and end up in bankruptcy court. If the employee doesn’t list a pending EEOC or lawsuit claim against his former employer, the bankruptcy court may miss important assets and discharge the debts …

Open inquiry protects against firing bias

05/16/2008
Coca-Cola fired Dudley Thompson, who is black and from Jamaica, for not following company protocol when he went on vacation to the island—he failed to put his vacation request in writing and arrange for shift coverage …

Don’t let one rogue manager brand you an age discriminator

05/16/2008
Even if an employer has a good history of avoiding age discrimination in hiring, it can be sued for age discrimination if a reduction in force disproportionately affects older workers. Generally good hiring practices don’t prove that no discrimination occurred when drawing up the RIF list …