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Terminations

Noncompete agreements in Indiana: When are they legal?

10/01/2007

Many Indiana employers wisely use noncompete agreements to protect their legitimate business interests in their customer base and trade secrets. But will those agreements stand up in court? While some employers have successfully used noncompetes, others don’t believe they’re worth the paper they’re printed on. Depending on how the noncompete is drafted, either can be true …

Is return to work after workers’ comp guaranteed?

10/01/2007

Q. An employee has been out for the past few months on workers’ comp. During his recovery, we placed someone else in his position. His replacement has performed better than the injured employee, and we want to keep the replacement. Do we have to return the original employee to his job following his return from workers’ comp leave? —R.P. …

Don’t add insult to injury: Be careful what you say about litigious employees

10/01/2007

When a former employee sues and you think the lawsuit is frivolous, resist the temptation to belittle or punish the employee by discussing the case. Small talk can mean a big payday for a former employee who finds out and files a defamation lawsuit. What’s more, you could be personally liable if a jury finds you acted vengefully or with ill will. The best advice: Don’t discuss pending lawsuits. If you say nothing, you can’t be accused of slander …

When employee keeps our property, can we deduct from the last paycheck?

10/01/2007

Q. If an employee quits or is terminated and refuses to return employer property—such as a pager or a cell phone—can the employer deduct the value of the property from the employee’s final paycheck? …

Beware lawsuit if re-Org adversely affects older workers

10/01/2007

If your organization is planning an extensive reorganization or creating an entirely new subsidiary, take care to consider the impact on older workers. If, in the process of leaving one company entity or subsidiary and going to another, older workers lose substantial benefits they used to enjoy, you may be courting an Age Discrimination in Employment Act (ADEA) lawsuit …

Selfridge ANGB chief claims whistle-Blower protection

10/01/2007

The former chief of operations at Selfridge Air National Guard Base claims his position was eliminated in retaliation for his whistle-blower activities. Part of the chief’s job was supervising private contractors and construction companies working on government contracts. The chief claims he continually brought evidence of building code violations, fraud and abuse to the attention of his supervisors—who ignored him …

City saves pension costs, loses $1.9 million lawsuit

10/01/2007

When the city of Ecorse hired a long-time city policeman to be chief of police, it seemed like a sound move. But problems began when the mayor terminated him because he was too old …

When identifying sexual harassment, totality of circumstances tells the tale

10/01/2007

California employees have a right to a work environment free of sexual harassment, and employers are obligated to prevent harassment. But that doesn’t mean that every comment, gesture or look that may be perceived as sexual can be considered harassment …

What to do if an older worker’s performance is slipping?

10/01/2007

A participant in the Forum section of our HR Weekly e-letter posed this question: “One of our employees is nearing 80 and his performance is slipping badly. Is there an alternative to harsh evaluations and termination? We’d like him to depart with dignity.” Here’s how some HR professionals replied …

The dreaded reference check: What to say about former employees?

10/01/2007

Q. What may an employer say about why an employee left or was fired? …