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Terminations

San Francisco supervisors say high-Priced employees face layoffs

04/18/2008
Faced with a large budget shortfall, San Francisco supervisors are proposing a way to deal with the $338 million deficit the city expects next year. Board of Supervisors President Aaron Peskin wants to draft legislation that eliminates some high-paying city positions …

Tap into the lawsuit-saving power of self-reviews

04/17/2008

When an employee sues over an alleged discriminatory firing, courts typically make a beeline for one piece of evidence: the employee’s performance evaluation. The problem: Supervisors are notorious for giving overly kind evaluations, even to poor performers. That’s why it’s wise to get another opinion: the employee’s own …

A dim-Witted way to cut your organization’s health costs

04/17/2008
Do some of your employees’ spouses or children have serious (and expensive) health troubles? It may be tempting to offer suggestions about less costly treatments—or even to send that employee packing. But don’t do it. As this new ruling shows, it’s illegal to discriminate against employees based on their relationship with a disabled person …

Must we offer time off as an ADA accommodation?

04/17/2008

Q. We employ fewer than 50 employees. What’s our obligation under the FMLA or the ADA to bring back an employee who has missed lots of work? We want to lay her off. Can we?

Progressive discipline among best ways to beat bias claims

04/14/2008
There’s no law that says employers must use a progressive discipline system—but that’s no reason not to. In fact, using progressive discipline is one of the best ways to fight frivolous discrimination claims …

Use peer-Review process to assess subjective qualities—And justify discipline

04/14/2008
Whether dealing with clients or co-workers, an abrasive, rude and arrogant employee can spell big trouble. The problem, of course, is measuring something as subjective as likeability or abrasiveness. One possible way: Use a peer-review process to gather relevant information and a consensus on how well employees get along with others …

Make common sense the driving force of your business

04/10/2008
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Watch what you say during termination deliberation

04/10/2008
Words are easy to misconstrue. Depending on who’s listening, the same sentence could mean at least two different things. This is one of the things that keeps lawyers employed. It’s also the reason it’s crucial to prepare accurate notes about any meeting in which managers are discussing whether to terminate …

Run sales commission language by counsel to avoid needless litigation

04/10/2008
Employees who work on a commission basis and are fired often look to their compensation agreements to find any possible way they can claim additional commissions. Their first stop after the unemployment office is often an attorney, who will go over the compensation agreement with a fine-toothed comb to see whether there is more money to be had …

AAM strike wreaks financial havoc

04/10/2008
The ongoing strike that began in February by workers at five American Axle and Manufacturing Holdings (AAM) plants in Michigan and New York has led Standard & Poor’s Ratings Services (S&P) to review AAM’s credit rating …