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Terminations

Pay commission? Make sure contracts are clear about terms

02/01/2008

Commissions are a great way to motivate some employees to work harder. Usually a contract spells out the commission terms and how the payments work. But if the contract is the least bit unclear, expect trouble—especially if someday you have to discharge a commissioned salesman for poor performance …

You don’t have to put up with disruptive behavior

02/01/2008

Have you tiptoed around an employee’s poor behavior because he belongs to a protected class? You don’t have to tolerate rudeness, threats or other disruptive acts. Just make sure you have clear rules in place and enforce them equally against everyone who breaks them. And remember: You have an obligation to provide a workplace free of violence …

Are we required to explain why we discharged an employee?

02/01/2008

Q. My company recently terminated an employee. The employee claims that she is entitled to a letter outlining the reasons for her discharge. Is she correct? If so, how much information must we provide the discharged employee? …

No individual liability under Texas Whistleblower Act or Labor Code

02/01/2008

Good news: Your managers and supervisors aren’t individually liable for violating either the Texas Whistleblower Act or the Texas Labor Code. That means your personal assets aren’t on the line …

Minnesota Unemployment Insurance Law

02/01/2008
Minnesota’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The state administers the law through the Minnesota Department of Employment and Economic Development (DEED) …

NY Education Law gives school employees just one year to sue for discrimination

02/01/2008

Good news for public school employers: Employees who allege they have been discriminated against under the New York Executive Law have just one year to start litigation—as specified in the New York Education Law. Most other employees have three years to mull over their lawsuit options …

Arabic school principal’s rights were not violated

02/01/2008

Free speech protections don’t apply to on-the-job speech, a U.S. District Court judge ruled, ending round one of Debbie Almontaser’s legal bid to regain her job as principal of the Khalil Gibran International Academy in Brooklyn …

Maternity leave war leads to CRC head’s resignation

02/01/2008

Barbara Sykes said it was “political back and forth” that led her to resign her post as appointed head of Ohio’s Civil Rights Commission (CRC) just before her confirmation hearing. Sykes locked horns with Gov. Ted Strickland over the commission’s proposal to expand Ohio’s maternity leave requirements …

Female police officer says drunken male cops treated better

02/01/2008

Christina Johnson, a police officer for Olmsted Township who was fired for crawling into a stranger’s car while highly intoxicated and then passing out, will have the chance to convince a jury that she suffered discrimination. Johnson was off duty during the episode, but was wearing her uniform sweater …

Maintaining employee’s dignity is key to avoiding constructive discharge

02/01/2008

Often, constructive discharge cases grow out of a disciplinary process rife with harassment. An employee may suspect that his employer is trying to get him to quit. If a jury agrees, that can mean a large damage award. To cut the risk, have HR administer any discipline, and do so in private and in a way that preserves the employee’s dignity …