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Terminations

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …

Undocumented worker can get back wages

11/01/2007

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations …

On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …

Make sure firing decision was independent of FMLA status

11/01/2007

What does your organization do when a manager or supervisor recommends a subordinate should be fired? If you simply approve the recommendation without seeking more information, you may be asking for a lawsuit. Here’s why: If the manager’s reasons are illegal—maybe an attempt to punish an employee for asking for or taking FMLA leave—then courts will conclude that your organization shared the manager’s motives …

Employees get benefit of doubt on religious accommodation

11/01/2007

Employees are entitled to reasonable accommodation of their “sincerely held” religious beliefs. Employers face an uphill battle if they want to deny such requests because they doubt the sincerity of their employees’ beliefs. That’s because there’s very little employers can do to get such cases tossed out before they go to trial. End result? Lots of lost time—and lots of attorneys’ fees …

Reporting suspected harassment doesn’t always equal ‘Protected activity’

11/01/2007

Sometimes employees who are in trouble for poor performance try to protect themselves by reporting incidents that don’t come close to being sexual harassment. They figure that their employer won’t fire or otherwise punish them for fear of a retaliation lawsuit. But you can take heart: It’s not protected activity just because someone reports an incident. If—when viewed objectively—the conduct being reported seems far from harassment, reporting it isn’t protected, and the employee can’t charge retaliation …

Janitors sue over union rights

11/01/2007

Janitors working in Miami’s Bayside Mall joined with workers from five states to fight the coercive anti-union tactics of General Growth Properties (GGP) and two of its cleaning contractors. The National Labor Relations Board has sought a rare 10(j) injunction—a federal court order reserved for cases of egregious violations of workers’ civil rights—against the companies …

Transgender firing catalyzes civil rights movement

11/01/2007

South Florida has become the epicenter of the transgender civil rights movement following the firing of Largo City Manager Susan Stanton. It was too much for city leaders to take when Stanton transitioned from male to female. She was dismissed despite a good job performance …

Crime-Fighting waiter fired after stopping carjacking

11/01/2007

A waiter who lost his job after saving a woman from a carjacker outside of the 84 Thai Restaurant in Fort Lauderdale where he worked won’t have trouble finding a new one …

Employer must show reasonable basis for ‘Honest belief’

11/01/2007

Employers don’t have to be perfect decision-makers—just honest ones. That means that disciplining or even firing someone because you believed the employee violated a rule is OK even if you turn out to be wrong about the violation. Be prepared, though, to prove to a court that your belief was based on particular facts, not just guesses …