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Terminations

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 …

Going over supervisor’s head may be a protected activity

06/01/2007

Organizations are entitled to their employee’s loyalty, but that doesn’t mean employees have to remain silent about alleged discrimination. Although it may seem disloyal, approaching a customer about a workplace problem may be a protected activity under some circumstances …

Work to accommodate disability, but know when to fold

06/01/2007

Disabled employees are entitled to reasonable accommodations for their disabilities in order to perform the essential functions of their jobs. But that doesn’t mean employers have to create a whole new job within the disabled employee’s capacities. All the ADA requires is an honest attempt to find solutions …

Court Extends Whistle-Blower Protection in Law School Case

06/01/2007

The director of public relations for Ave Maria College in Ypsilanti may proceed with her whistle-blower lawsuit after an appellate court ruled that the Michigan Department of Education (MDE) counts as a public body …

Jury delivers $2.1 million verdict to UPS

06/01/2007

UPS survived a race discrimination lawsuit only to be hit with a $2.1 million verdict for retaliation against a Detroit-area national account manager …

Use confidentiality clause to guard against ‘Litigation theft’

06/01/2007

Employees pursuing legal actions against their employers sometimes snoop around to see what documentary “evidence” of wrongdoing they can find around the office. Protect yourself by having a clear policy against such unauthorized document distribution …

Any pregnancy problem is a serious condition under FMLA

06/01/2007

When it comes to a pregnancy, employers may want to follow the safest path: Approve any absences that are even remotely related to the pregnancy as FMLA-covered time off …

No medical certificate? You can still run FMLA leave with PTO

06/01/2007

The U.S. Labor Department allows you to run FMLA leave concurrently with other paid time off. That’s your decision to make, not the employee’s. The result: no more than 12 weeks off. The same is true even if the employee never provides you with medical certification of a serious health condition …