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Terminations

‘Last straw’ justification OK if you can prove earlier problems

07/01/2007

Sometimes, it’s the little things that finally lead to termination. An employee may have had performance issues and attitude problems for a long time, yet hasn’t been discharged …

The WARN Act: When must you notify employees of layoffs?

07/01/2007

The federal Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to give their employees at least 60 days notice before a plant closing or mass layoff …

Bankruptcy can lead to dismissal of discrimination suits

07/01/2007

Today, companies commonly emerge stronger and more competitive after filing for bankruptcy. An additional, unintended benefit may have a substantial impact on the HR office …

Keeping your customers after your employees go to a competitor

07/01/2007

Noncompete agreements protect employers should an employee leave and go to work for a competitor. But what happens if there isn’t a noncompetition agreement in place? Does an employer have any remedy against a former employee? …

Immortal words of Imus end state employee’s career

07/01/2007

A 60-year-old administrator in the state treasurer’s office was urged into retirement after she called a fellow worker a “nappy-headed ho” one week after radio personality Don Imus made the phrase famous …

Echoes of Virginia Tech: ‘Copycat comments’ lead to firings around U.S.

06/13/2007

“If I get one more write-up, if you think they had a problem in Virginia, it’ll be worse here.” That comment by  a Suffolk County (NY) Community College employee led to his arrest. At SeaWorld in Florida, a “joke” about the Virginia Tech shootings earned an employee the same fate. Here’s how to handle such comments in your organization. Plus, learn the 8 warning signs of violent worker behavior. 

Aliens and postmarked babies shoot down manager’s case

06/01/2007

The manager of a Dave & Buster’s Restaurant in Cincinnati lost his age-discrimination claim because the case was ruled primarily circumstantial by a U.S. District Court, Southern District of Ohio …

You can include FMLA waiver in severance agreement

06/01/2007

Until recently, it was unclear whether Pennsylvania employers could require employees to give up the right to sue for FMLA violations in exchange for severance payments. That was because the FMLA explicitly says employees can’t waive their FMLA rights as a condition of employment …

FMLA time used up? Consider ADA before firing

06/01/2007

Q. An employee already took his 12 weeks of FMLA leave, but his doctors say he needs three to six weeks more. I want to terminate him because he isn’t ready to return. What’s the best way to go about it?—B.H., Florida

Probation protects in case of bad background checks

06/01/2007

One good reason to have new employees serve a probationary period is that it gives you more time to check their backgrounds and find out whether they were forthcoming on their applications …