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Terminations

Demand concrete evidence of employee’s disability

04/01/2008
Sometimes employees look for ways to get out of performing work they find unpleasant. Some play the disability card—asking for tasks to be removed from their job descriptions as reasonable ADA accommodations. Before you give in and assign duties to more cooperative employees, decide whether the employee in question really is disabled …

Must we release personnel file to employee terminated for inappropriate behavior?

04/01/2008
Q. We recently terminated an employee for inappropriate workplace behavior. About two weeks after his last day of work, I received a letter from him requesting a copy of his personnel file. He did not state why he wanted it (although I can guess), and I’d rather not give him possible ammunition to use against the company in a lawsuit. Are we required to provide terminated employees access to or copies of their personnel files? …

Retaliation: The legal risk of ‘getting back’ at employees

04/01/2008
Most managers know that it’s against the law to discriminate against employees and applicants because of their race, gender, age, religion or disability. But you may not know that those same federal laws also make it illegal for employers and supervisors to retaliate in any way against employees who voice complaints about on-the-job discrimination.

Evenly enforce appearance, grooming rules

04/01/2008
For the most part, you are free to set and enforce grooming and dress standards for your employees. But here’s an angle to consider when disciplining colorful employees: You must make sure you apply the rules evenhandedly. Don’t single out anyone who belongs to a protected class for special enforcement of the rules …

‘Tuesday Massacre’ victim comes out with both barrels blazing

04/01/2008
Stephen A. H. Keefer, former director of information technology for Pennsylvania’s House Democratic Caucus, has filed a wrongful termination suit, alleging he was canned to take the heat off House Majority Leader William DeWeese …

All other things being equal, bad attitude may be justification for layoff

04/01/2008
Ordinarily, employers should be leery of considering subjective factors when making employment decisions. Objective measures such as surpassing sales quotas, meeting quantitative goals and finishing assigned projects are the best measures for gauging employees. But sometimes you have to make tough decisions …

If employee tacks on emotional distress claim, you can ask for medical records

04/01/2008
Employees and their attorneys often add additional claims to a main discrimination claim as a way to up the ante and push for bigger settlements or larger verdicts. One of those additional claims is often for “intentional infliction of emotional distress.” Before you agree to settle a case involving an emotional distress claim, push to discover whether the supposed damage is legitimate …

Track declining productivity to justify staffing, pay and promotion decisions

04/01/2008
Part-time employees are often the first to get pink slips in an economic downturn. But watch out if your part-timers are disproportionately parents who have child care responsibilities. Don’t be surprised if those employees respond to a layoff by contacting an attorney …

CHR crude, lewd—But not discriminatory

04/01/2008
Julie Gallagher joined the Cleveland office of logistics company C.H. Robinson Worldwide (CHR) as a sales rep. She quit four months later in disgust over what she described as “a guys’ locker room” atmosphere. Gallagher sued, alleging the environment was hostile toward women, but the court ruled against her …

Ensure harassment victim knows you want her to stay

04/01/2008
Employees who believe they are enduring unbearable harassment may feel they have no choice but to resign. If that happens, they may be able to sue their employers for constructive discharge. But employers can mitigate that danger by making sure the employee understands that management wants her to stay on board while the company investigates …