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Terminations

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? …

How to provide religious accommodations in NC workplaces

10/01/2007

North Carolina mirrors America’s growing diversity in many ways. Today, mosques occupy old churches, co-workers wear burqas and yarmulkes, and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

How soon must NC employers pay final checks?

10/01/2007

Q. We have an employee whom we fired on a Monday and we paid him his final check on the next regular payday (the following Friday). He said we legally had to issue his final check within 48 hours of the firing. Is that true?—M.D. …

This cup’s for you: The right way to test for drugs

10/01/2007

With an increasing number of employees just saying “yes” to drugs these days, you can expect more Indiana companies to develop random drug-testing programs and establish rules that allow them to fire workers who test positive or don’t cooperate with the test. One note of caution: Make sure you can demonstrate that your drug test results are accurate and reliable …

Fort Wayne dealership must pay $1.1 million for retaliation

10/01/2007

Mid-State Motors of Fort Wayne will pay $1.1 million to a former sales manager for retaliating against him after he filed an EEOC complaint. The sales manager, Trent Chapin, was replaced by a Pakistani Muslim employee shortly after a new Pakistani general manager took over the dealership …

Don’t dock last paycheck for ‘Stolen’ laptop

10/01/2007

Q. Our company recently terminated an employee for violating company policy. At the time of his termination, he had a company laptop, which he refuses to return. Can we withhold his final paycheck pending the return of the company equipment? Or, can we deduct the value of the equipment from his final paycheck? —S.F. …

Be prepared to back up group firing decision

10/01/2007

Does your organization make important hiring and firing decisions by committee? That’s one way to counter possible bias by one individual. But be prepared to document how the group made the decision …

OWBPA doesn’t cancel out courthouse-Step settlements

10/01/2007

The federal Older Workers Benefit Protection Act (OWBPA) requires employers to give older workers at least 21 days to consider the offer if any termination or severance-pay agreement asks them to give up their right to sue for age discrimination. But fortunately, once the case is in court, there’s no waiting period …

NYSHRL allows individual liability claims for ‘Conspiracy to retaliate’

10/01/2007

There’s a new concern for managers and supervisors in New York state. Those who give out bad references or otherwise bad-mouth a former employee who claimed discrimination can be held personally liable for a conspiracy to retaliate …