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Terminations

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 …

Whistle-Blower fired over fire

06/01/2007

An Ohio employer got burned after it fired an employee two days after he told an insurance inspector about a malfunctioning fire alarm …

The court affirms: Your employee has the right to an attorney

06/01/2007

An Ohio appeals court significantly expanded employees’ rights recently when it upheld a fired employee’s right to trial after her employer terminated her because she threatened to talk to her attorney …

Employer statements to NASD can’t be the basis for defamation lawsuits

06/01/2007

Attention: HR pros in financial services firms: If you’ve worried that reporting a terminated employee’s alleged wrongdoing to the National Association of Securities Dealers might leave you open to a defamation lawsuit, relax.  The Court of Appeals of New York has ruled such statements are absolutely privileged …

Higher standards OK for probationary employees

06/01/2007

If yours is like most organizations, you probably make new employees serve a probationary period. It can provide insight into the new employee’s ability, attitude and how well he or she fits in. During probation, you can hold new employees to a higher standard than established employees …