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Terminations

Good faith and bad references

07/01/2007

Q. How do I give a reference for a worker I had to fire?

National security trumps national-Origin claims

07/01/2007

Even in a post-Sept. 11, 2001, environment, employers know they can’t use national origin or religion as an excuse to discharge or refuse to hire employees.

When same manager hires and fires, it’s unlikely to be discrimination

07/01/2007

The New York Human Rights Law, like Title VII of the federal Civil Rights Act, makes it illegal to fire an employee because of his or her race. Both laws also recognize that it’s unlikely that a manager who is aware of an employee’s race when hiring would turn around and fire the same employee because of race …

To be safe, always double-Check supervisor’s allegations

07/01/2007

When it comes to discharging an employee, be careful not to simply accept a supervisor’s opinion of the employee’s performance. If the supervisor is effectively hiding an underlying problem with persons belonging to a protected class and you don’t check for yourself whether the employee deserves to lose the job, you may end up costing the company money …

Injured worker? Proceed with unemployment case

07/01/2007

An employee who is injured at work is generally eligible for workers’ compensation benefits. But if you know the employee has engaged in misconduct that would make him or her ineligible for unemployment compensation, you can discharge the employee anyway and avoid paying both kinds of benefits …

Woman claims she lost job because of AIDS, seeks over $1 million

07/01/2007

A Plant City woman has filed suit against 5-D Tropical, a Tampa fish farmer and importer, for AIDS discrimination …

Jury awards $160,000 for retaliation

07/01/2007

The South Florida Water Management District will pay $160,000 for firing an employee who complained of discrimination. The employee had a 31-year record of good reviews with the district until a new supervisor took over …

St. Pete man claims he was fired for sex harassment complaints

07/01/2007

A St. Petersburg forklift operator has filed suit against Kane’s Furniture, claiming he was fired for complaining about sexual harassment by a male supervisor …

Your choice: Your convict husband or your police job

07/01/2007
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Run handbook by counsel to make sure it doesn’t destroy at-Will status

07/01/2007

Employers can fire at-will employees for any legal reason—or for no reason at all. Employees who work under a contract, on the other hand, have more rights. Don’t let a flawed employee handbook weaken your hand …