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Terminations

Maintain HR oversight on all termination decisions

02/01/2008

The only thing between your organization and a discriminatory discharge verdict is the HR office. An impartial and cool-headed HR professional must oversee the process every time an employee is terminated. Keep careful track of exactly how the decision-making process moves forward in every case, and insist that HR have the final word on termination …

Pregnancy suit seeks $5 million for former Chicago teacher

02/01/2008

Kathleen Williams, a former teacher at Sauganash Elementary School in Chicago, is suing the city school district and the Chicago Board of Education for $5 million, claiming she was fired for being pregnant …

Complaining that schedule is discriminatory may be protected

02/01/2008

Not every complaint to a manager constitutes protected activity, but some do. If an employee complains about what she reasonably believes is discrimination—using language that should tip off her employer that she’s raising discrimination—the complaint is protected …

Power to fire doesn’t qualify worker for executive exemption

02/01/2008

Although U.S. Labor Department regulations say exempt executives must supervise the equivalent of two full-time employees, that doesn’t mean an employee is exempt just because he has narrow authority over all employees within the company …

Tennis coach’s firing serves up lesson in employee discipline

02/01/2008

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows …

Don’t let managers fly solo on terminations

02/01/2008

Virginia Schurmeier, an operations analyst for a food wholesale company, was fired for alleged poor performance. She sued, claiming the real reason was sex discrimination. Her proof: A male co-worker who had worse performance appraisals than she had wasn’t fired …

It all depends on what the meaning of the word ‘Involved’ is

02/01/2008

Over the course of a 16-year career, Ronnie McNorton found himself on the receiving end of many disciplinary actions by his employer, the Georgia Department of Transportation. But McNorton hung on and won several promotions. In 2002, that advancement stalled, ironically because McNorton helped another state employee get her career off the ground. If only he could have kept his stories straight …

Firing justified if employee tries to short-Circuit system

02/01/2008

In day-to-day business, companies have every right to demand that employees follow the chain of command. They can require workers who have complaints about work processes or disagreements with co-workers to take up their issues with supervisors, and not go over bosses’ heads. If employees defy those rules, that can be insubordination—and it can justify termination …

You can require employees to undergo medical evaluations

02/01/2008

Have you ever suspected that one of your employees was not quite as injured or ill as he says? Employers certainly can insist on a medical examination to determine the exact nature and extent of workers’ medical problems—and any appropriate work restrictions. Just make certain you treat all injured employees the same …

On references, mum’s usually the word, but sometimes honesty is the best policy

02/01/2008

Conventional wisdom says it’s best to refuse to offer any opinion when a prospective employer asks for a reference on an applicant you know may be a poor choice. But sometimes, you may feel compelled to give your counterpart at the hiring organization an honest “heads up.” Before you do, consider that the applicant may sue you if he doesn’t get the job …