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Terminations

Mandatory firing after year’s absence doesn’t violate ADA requirements

04/07/2008
Does your organization have a blanket policy that limits time off for any reason to no more than 12 consecutive months? If you apply that policy evenhandedly, you don’t have to worry that it violates the ADA’s requirement that you provide reasonable accommodations …

That ain’t chicken feed: High grain costs bite poultry giant

04/07/2008
Pilgrim’s Pride Corp.—based in Pittsburg, Texas, and one of the nation’s largest poultry growers—will close a plant and six distribution centers because of rising feed costs. Blame it on the growth of alternative fuels …

A good reference for a good worker, even though we fired him?

04/07/2008
Q. We had to fire a good worker because of absenteeism problems. When someone who wants to hire him calls to verify past employment, what can we say about this man? …

Do we wind up paying for unemployment comp benefits?

04/01/2008
Q. I just received a notice from the state of Colorado seeking information about an employee who just left our company. The state is trying to determine whether she is eligible for unemployment benefits. If she is awarded unemployment benefits, will the company be charged for that amount? …

N.Y.-Based grocery chain to pay $40,000 discrimination settlement

04/01/2008
Eugene Gates Jr. had worked in a Charlotte, N.C., grocery store for nearly 40 years when it was purchased by Compare Foods, based in Freeport, N.Y. Shortly after the buyout, Compare cut his hours in half and gave his shifts to a young Hispanic worker …

Advice, please: How should we implement our first severance pay packages?

04/01/2008
Q. Due to economic conditions, we are planning to let go three employees from our 30-person work force. We are planning to provide these employees with four weeks’ pay if they sign a release of all claims. We have never provided severance pay before and have no policies governing the practice. What advice can you give us? …

Don’t let flawed noncompete agreement break the bank

04/01/2008
Lots of employers use noncompete agreements to protect against unfair competition from former employees. But a poorly drafted noncompete agreement—e.g., one you obtained from a form book or the Internet—may create serious legal pitfalls …

Reorganizing? Make sure open positions are available to all

04/01/2008
During a reorganization, lost jobs can mean unhappy former employees looking for reasons to sue. They may suspect the changes were merely a smokescreen to cover illegal discrimination. The best way to prevent a lawsuit is to open up to those who are slated for termination any new positions you may be creating. Encourage all to apply …

Double dipping? Severance payments and unemployment compensation

04/01/2008
Q. May a terminated employee receiving payments under a severance agreement also receive unemployment benefits? …

Employees can sign away past FMLA violations in Pennsylvania

04/01/2008
The U.S. Labor Department has announced it plans to update FMLA regulations. The proposed regulations make it clear that employees will be able to settle past FMLA violation claims. Now a recent case spells out under what circumstances a release will be contractually and legally binding …