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Terminations

It depends on how you define ‘Overheard’

11/01/2007
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Stay on top of FMLA recertifications—Track when employees receive your requests

11/01/2007

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms …

Dismissed pathologists allege discrimination by coroner

11/01/2007

Two white pathologists have sued the Marion County coroner, alleging their terminations were based on race, not merit. The two were terminated eight months into a five-year contract. The coroner’s office gave no reason for the dismissals …

FedEx’s federal fallout lands in Indiana court

11/01/2007

FedEx Ground/Home Delivery drivers have filed suit in the federal district court in South Bend, claiming the delivery giant fired them in retaliation for exercising their legal rights. The California-based drivers, who operate single routes as contractors, have fought for years to obtain employment status with the company …

Will Isiah Thomas verdict open sex harassment floodgates?

11/01/2007

You probably heard about last month’s big $11.6 million sexual harassment verdict against former basketball star and New York Knicks coach Isiah Thomas. The bad news: Your employees heard about it, too … and it planted a seed in their minds. Will they see your organization’s pockets as the path to a similar windfall? …

You can automatically apply FMLA/CFRA leave with notice

11/01/2007

Employees who need to take time off for serious health conditions can use both federal FMLA leave and California Family Rights Act (CFRA) leave, plus other paid leave for the absences. But employers can require employees to use their available FMLA and CFRA leaves for any eligible condition, even if the employees are off on other paid leave. That way, employees aren’t eligible for more time off after they have exhausted other leave entitlements …

If nothing else, you can demand employee honesty

11/01/2007

Do you detect a certain reluctance by employees to cooperate when investigators are trying to do their jobs and get to the bottom of employment problems? Then it may be time to remind employees that you expect honest and forthright cooperation, and nothing less. Then, go ahead and discipline employees who don’t cooperate …

Timing on final paychecks

11/01/2007

Q. When is an employer required to give a worker his final paycheck? …

Watch timing of adverse action against whistle-Blower

11/01/2007

Want to guarantee a day in court with an  employee who blows the whistle on alleged company wrongdoing? Just take adverse action against him—firing, demotion or suspension, for example—within hours of hearing about the complaint. If you already had planned to take action, make sure you can substantiate it. Be sure you can also show there are no “smoking guns” that could point to a different motivation …

You can hold supervisors to higher standards than others

11/01/2007

You don’t have to treat supervisors the same as other employees if they break the rules. As the following case shows, supervisors who get into physical fights with subordinates can and should be fired—even if you simply discipline co-workers who get into similar confrontations at work …