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Terminations

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

Beware temptation to overstate fired worker’s faults

03/01/2008

Firing an employee is never easy, but there’s no reason to try to justify your decision by piling on a litany of reasons to discharge a poorly performing employee. That just complicates the process. Chances are, a court won’t second-guess you if you simply stick to the strongest reason you have for the firing …

Court finds Hillsborough County did not discriminate

03/01/2008

 A counselor for the Hillsborough County Children’s Services Department (CSD) lost her disability discrimination case against the county in U.S. District Court for the Middle District in Tampa …

Listen for code words when evaluating discrimination complaints

03/01/2008
The law protects employees from retaliation for complaining about alleged job discrimination. That doesn’t mean, however, that employees have to state specifically that their concerns involve sex, race or some other protected characteristic. Something as simple as complaining about “the glass ceiling” may be enough to at least raise the specter of sex discrimination …

No longer adrift: Illinois retaliatory discharge claim applies on water, too

03/01/2008
Illinois law makes it retaliation to fire employees because they report dangerous or illegal activities at work—even if they are otherwise at-will employees who can be fired for any legal reason. That holds true even if those employees work on a river barge otherwise governed by federal admiralty laws …

Don’t hide mandatory arbitration clause in application

03/01/2008

If you want to avoid expensive and time-consuming legal fights and the uncertainty a jury brings to the equation, a mandatory arbitration agreement might seem like the most attractive way to settle employment law disputes. By pushing legal challenges into arbitration, you may save time and money—but only if you can get the agreement to stick …

Illegal status doesn’t stop job-Bias suit

03/01/2008
 Maria Pineda worked for Bath Unlimited although she didn’t have legal work papers. Two weeks after Pineda divulged her pregnancy, Bath fired her. A court ordered a jury trial, which will focus on pregnancy bias, not her illegal status …

Clerk wins more than $350,000 in disability discrimination suit

03/01/2008
A San Francisco County jury has awarded $353,680 in damages to a data entry clerk who suffered from a chronic condition that often left her with cracked and bleeding skin …

Termination meetings must include civility, easy exit

03/01/2008
 Even when someone clearly deserves to be fired, terminations are the toughest tasks for managers and HR. But how you conduct the actual discharge can mean the difference between an amicable parting and a messy lawsuit. One often-overlooked decision: choosing the right setting for the discharge meeting …

Can you fire someone for his online (but off-Duty) actions?

03/01/2008
The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. You should specify what off-duty activity is prohibited in terms of unbecoming, immoral or illegal behavior …