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Terminations

Firing shortly after follow-up FMLA care may be retaliation

04/01/2008
As more time passes after an employee takes FMLA leave, courts grow less and less likely to link an adverse employment action to taking leave. That means employees have a harder and harder time proving that being fired, for example, was retaliation for exercising their FMLA leave rights. But be careful …

Stick to the facts when firing employee who complained of discrimination

04/01/2008
Employers say the darnedest things at the wrong time. Take, for example, a termination meeting. This is not the time to be defensive and anticipate the employee’s discrimination charges. Instead, stick with the hard facts: why the company has decided that termination is necessary …

Ousted coach back in the game

04/01/2008
Former Ohio State University basketball coach Jim O’Brien is free to return to the sidelines after an NCAA appeals committee lifted all sanctions against him. O’Brien was fired from OSU in 2004 over several charges of misconduct …

Routinely document poor performance—Just in case

04/01/2008
When a supervisor says a subordinate is not performing well, make sure empirical evidence backs up that opinion. In addition, direct anyone who had to deal with the employee’s poor performance to make notes. If supervisors are called later to testify in court, notes will help them remember the details …

You must follow no-Fault absenteeism policy to the letter

04/01/2008
Companies often rely on a no-fault absenteeism policy as an objective way to determine who should be terminated for unreliability. As long as the policy doesn’t count time off for an FMLA-protected reason, such policies work well—if you follow your own rules …

Double-Check discharge rationale if employee participated in FLSA action

04/01/2008
Employees who file or participate in an FLSA lawsuit are protected from retaliation. That’s why it’s important to carefully consider any disciplinary action and make certain that the decision is fair, consistent and based on solid business reasons …

Florida employers would be wise to have a computer-Use policy

04/01/2008
It may not be a knife or a gun, but a computer is often a choice weapon when an employee decides to commit a crime. Employers that do not have—or consistently enforce—a computer-use policy may face unintended liability …

Choose your words carefully when explaining discharge

04/01/2008
You are no doubt familiar with the saying, “If you can’t say anything nice, don’t say anything at all.” Nowhere does that apply more than in the workplace when you have to discharge someone. What supervisors say about former employees who have been discharged can easily backfire …

Beware using medical costs as employment factor

04/01/2008
It may be tempting to refuse to hire an applicant who could raise your health insurance costs. By the same token, it may seem like a good idea to terminate employees who keep filing expensive health insurance claims for themselves or their dependents. Don’t do it! The penalties for such discrimination can be high …

No separate emotional distress claims if conduct is covered by IHRA

04/01/2008
Employees and their lawyers are always looking for ways to increase the damages they can extract from employers that make mistakes. Fortunately, they can’t heap additional claims on top of a basic claim made on similar grounds under the Illinois Human Rights Act (IHRA). If the IHRA provides a remedy, that’s the only one available for the same basic claim …