• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

Discharge due to downsizing? Document your RIF plan

12/01/2007

In a company downsizing, management may make what seem like capricious decisions on who stays and who goes. That can be a huge problem if an older employee suspects age discrimination and sues—especially if there are other smoking-gun signs of discrimination, such as a supervisor’s apparent antipathy for older workers …

Union members can’t use ‘Public policy’ violation as basis for retaliation claim

12/01/2007

Ohio state law may provide limited protection for employees fired in violation of “public policy.” But as the following case shows, those cases are limited to at-will employees, not those who have the protection of union representation or a union contract. Such employees don’t need the same protection that at-will employees may need …

Ohio Supreme Court limits ‘Voluntary abandonment’ doctrine

12/01/2007

The Ohio Supreme Court has substantially limited the “voluntary abandonment” doctrine in claims for temporary total disability compensation under the Ohio Workers’ Compensation Act. That means employers may have to pay temporary total disability payments to employees even if they were injured while breaking safety rules …

Looking for a court fight? Crack down after worker complains

12/01/2007

Timing is everything, especially when it comes to retaliation. That’s why it’s crucial for supervisors and managers to understand: Once an employee has filed a complaint, don’t suddenly start enforcing rules you let slide before. If you do, the likely result will be a retaliation lawsuit …

Saigon Grill told delivery drivers to hit the road

12/01/2007

The National Labor Relations Board (NLRB) has accused Manhattan’s Saigon Grill restaurants of illegally firing 22 delivery drivers because they requested minimum wage. The workers complained they were paid as little as $120 for a workweek that sometimes reached 75 hours …

Firing after FMLA leave makes ADA request irrelevant

12/01/2007

Employers sometimes find themselves in tricky situations: An employee who has exhausted FMLA leave cannot return to work yet, but might be able to after more time off as an ADA accommodation. In effect, the ADA may extend leave if the employee is disabled. But a new case shows that an employer’s quick action may stop the clock …

Club manager, golf pro resign in wake of harassment suit

12/01/2007

The general manager resigned and the head golf pro was fired at Egypt Valley Country Club in Ada after a former assistant golf pro filed a $100,000 lawsuit over sexual bullying …

Don’t retaliate against harassment victim who calls police

12/01/2007

Here’s a risk you may not have considered: Ignoring a sexual harassment complaint may prompt the alleged victim to get help from outside law enforcement agencies. React inappropriately and you’re likely to have a retaliation suit on your hands …

Discipline tracking system beats discrimination claims

12/01/2007

Can your organization produce concrete evidence backing up every disciplinary decision it’s made? You need a tracking system that does just that. Here’s why …

No substantial limitation? Obesity isn’t an ADA disability

12/01/2007

Even as America’s waistline expands, employers can take some comfort in knowing that obesity, by itself, does not constitute a disability under the ADA. Unless an employee’s obesity substantially limits his ability to perform a major life function, he isn’t covered by the ADA …