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Terminations

Many serious conditions don’t amount to disabilities

05/01/2008
The ADA protects only truly disabled employees from discrimination. It isn’t enough that someone has been diagnosed with a medical condition—even a serious-sounding one like diabetes or a hepatitis infection. Each ADA case is judged on how the illness affects the individual …

Gov. Paterson accused of race discrimination

05/01/2008
Incoming Gov. David Paterson hadn’t even taken his oath of office before he was hit with allegations of race discrimination during his term as Senate Democratic leader. Joseph Maiorello, a former Senate minority photographer, has filed an EEOC lawsuit alleging Paterson fired him because he is white …

What to do when employee claims the 5th

05/01/2008
Q. We are a private corporation. Recently, we discovered some theft in our operation. We called an employee in for an investigatory interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the 5th Amendment of the U.S. Constitution. What are our choices under such circumstances?…

Tell supervisors: No pregnancy comments allowed

05/01/2008
It seems simple enough: No one should make cracks or comments about an employee’s pregnancy. Still, supervisors and managers often say things they shouldn’t, which can come together to form the basis for a Pregnancy Discrimination Act lawsuit …

Excessive absences justify firing—And bar unemployment compensation

05/01/2008
Ohio employers can fire chronically absent or tardy employees without worrying that unemployment compensation will be the reward for missing work. That’s true as long as the absences weren’t covered by the FMLA or other leave laws …

Writing your memoirs? Consider a pen name

05/01/2008
A pseudonym might have helped Adrienne Zurub hold onto her job. In January, Zurub self-published a memoir, Notes from the Mothership, that included reflections on her life as a cardiac nurse at The Cleveland Clinic. Two weeks later, the clinic fired her …

Molson Coors to trim staff by outsourcing IT work

05/01/2008
Molson Coors Brewing Co. has announced plans to outsource technology work to Hewlett-Packard Co., resulting in job cuts of about 4% of its global work force, or 390 jobs …

Can we enforce noncompetes against staff we’ve laid off?

05/01/2008
Q. Due to the competitive nature of our business, our sales force signs restrictive covenant agreements that prohibit them from working for a competitor for a six- month period. We are about to lay off some of these employees for lack of business. Is the covenant enforceable? …

AAM strike rocks GM operations across North America

05/01/2008
A strike by workers at five American Axle & Manufacturing Holdings (AAM) plants in Michigan and New York led to temporary closures at more than a dozen General Motors plants in February and March. GM’s Moraine Assembly facility, south of Dayton, ran out of parts mid-shift within a week. GM laid off more than 1,800 workers at the plant …

You picked a fine time to leave me: Penalties for quitting without notice

05/01/2008
Q. Can an employer in Colorado fine an employee who quits without giving two weeks’ notice? …