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Terminations

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 …

Must you give employees Sundays off for ‘TV church’?

05/15/2008

If employees ask for Sundays off from work for religious reasons, must they attend services in an actual church or synagogue that day? A new court ruling clarifies that the answer is “no” …

OK to fire and then investigate—But be consistent

05/14/2008
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened …

Evenly enforce policy prohibiting employee fraternization

05/14/2008
If, like some companies, you have a policy forbidding dating or relationships between supervisors and hourly employees, make sure you enforce the rule consistently …

Investigative finger points back at accuser? It’s OK to fire

05/14/2008
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action …

You can require FMLA certification form directly from doctor

05/14/2008
Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified …

If accommodation can’t enable essential functions, termination may be only option

05/14/2008
Being qualified for a job doesn’t mean the person can do it well. And the inability to really execute an essential job function can warrant dismissal, even if the employee claims a disability. Take, for example, a newly hired professor who turns out to have psychological problems that prevent her from teaching class …

Don’t let jury duty force you to defend yourself in court

05/14/2008
Both Illinois and federal laws require employers to let their employees off for jury duty. Additionally, employers may not penalize employees for serving on a jury. No matter how obvious this is, every now and then, employers try to get back at employees who perform their civic duties. It never works …

Fate of Northwest jobs up in the air

05/13/2008
The fate of 1,000 jobs at Northwest Airline’s headquarters in Eagan is up in the air following the carrier’s merger with Delta Airlines. Delta has insisted throughout negotiations that the combined airline will keep the Delta name and its Atlanta headquarters …

Think twice before suing your own employee for negligence

05/13/2008
Minnesota employers, take note: Courts don’t take kindly to employers that try to sue their employees for negligence as a counterclaim to a discrimination lawsuit. In fact, Minnesota law requires employers to indemnify employees for costs associated with a lawsuit filed because of the employee’s alleged wrongdoing …