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Terminations

You must notify employee when leave is almost up

09/01/2007

Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave …

Catch reverse discrimination before it becomes federal case

09/01/2007

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late …

Hair today or gone tomorrow: It’s up to employee to mention religion

09/01/2007

When it comes to accommodating religious practices, employers aren’t required to be clairvoyant. If an employee wants you to accommodate a religious practice or objects to a work rule because it interferes with his or her right to practice religion, the employee has to let you know how practicing the religion precludes following the rule …

Attorney general cracks down on forced unionization

09/01/2007

Texas Attorney General Greg Abbott recently sued employers and a labor organization in El Paso and Corpus Christi for allegedly forcing employees to become union members or pay union dues in violation of the state’s right-to-work law …

Settling strike by paying for missed work may cut unemployment tab

09/01/2007

When it’s time to settle a strike, and that settlement includes paying for some of the time employees missed either because they were on the picket line or you laid them off, be aware of the language you use to describe the payment …

No unemployment compensation for co-Worker’s offensive comments

09/01/2007

Employees who quit their jobs because they can’t get along with a co-worker usually aren’t entitled to unemployment compensation payments. But what if the difficult co-worker is actually making offensive and possibly discriminatory comments? …

Quitting without notice, but getting vacation pay?

09/01/2007

Q. Recently, one of my employees quit without giving notice. I was advised that under New York labor law, I have to pay all earned and unused vacation. Is this true? If so, what can I do to prevent this from happening in the future? …

Woman has affair, quits and then loses sex discrimination case

09/01/2007

The course of true love, at least in the workplace, runs straight to the courtroom. But Floor Covering Associates of Joliet received a reprieve recently when the 7th Circuit Court of Appeals upheld a district court verdict in its favor …

Hinting employee should quit and offering severance? He still gets unemployment

09/01/2007

If you tell an employee you think it’s time for him or her to leave and offer a severance package as an inducement, you still may have to pay unemployment. That’s true even if the employee signs a statement saying he or she quit voluntarily in order to get the extra money …

Telling manager about special ed may trigger FEHA accommodations process

09/01/2007

California’s Fair Employment and Housing Act (FEHA) requires employers to make reasonable accommodations for an employee’s known mental disabilities. Under FEHA, something as simple as a new employee telling her manager that she has a learning disability and had taken special education classes triggers the employer’s responsibility to consider accommodations …