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Terminations

Ambiguous answers may prompt retaliation charge

06/01/2007

It’s true: If you can’t say anything nice, sometimes it’s best not to say anything at all. It’s especially true if an employee has quit and filed a discrimination lawsuit …

Minor lifting restriction? You probably don’t have to accommodate under the ADA

06/01/2007

The ADA is designed to help disabled Americans work to their full potential. But the law wasn’t meant to apply to everyone with minor aches, pains and ailments. That’s why most employees with light lifting restrictions aren’t covered by the law …

Court: Intermittent FMLA leave won’t cover tardiness, bathroom breaks

05/15/2007

Employees are becoming well versed in the FMLA game, and you’re paying the price. Unscheduled intermittent leaves now account for a huge portion of all FMLA leaves of absence. And while the law does allow employees to take FMLA leave in small bites for a doctor’s visit or to care for a sick relative, it doesn’t give them unfettered rights to random work breaks or to arrive late without a good excuse …

FMLA in a Nutshell: How to Comply With the Family and Medical Leave Act

05/15/2007
White Paper published by The HR Specialist, copyright 2009 ______________________ The Family and Medical Leave Act (FMLA), which became law in 1993, provides qualified employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child, for caring for a spouse or an immediate family member with a […]

Fading support for the war may lead to more USERRA claims

05/01/2007

Waning support for the Iraq war may be making some employers less enthusiastic about following the law guaranteeing reemployment to soldiers returning from military service …

Give documents to terminated employees?

05/01/2007

Q. Must I give employees copies of their reviews, terminations or disciplinary items? They are in their personnel files, but I don’t want them running to an attorney. We are not terminating or disciplining employees with any illegal intent, but these days you can never be too careful. –A.D.

It’s important to track discipline by type and degree

05/01/2007

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call …

Strong harassment policy plus training essential

05/01/2007

It’s been a few years since the U.S. Supreme Court laid down the law on sexual harassment…. Time breeds complacency, and too many organizations have let down their guard. The world’s best policy won’t do you any good collecting dust on a shelf …

Whistle-Blower Act doesn’t apply to religious employment

05/01/2007

Employees who work for religious organizations, such as church schools, can’t sue for retaliation under Florida’s Private-Sector Whistleblower Act, even if the conduct they report is clearly illegal …

Cover up! ‘The Full Monty’ a wrap for this high school teacher

05/01/2007

A Lemon Bay High School music teacher was threatened with being fired if he didn’t quit his part in the Venice Little Theatre’s production of The Full Monty because it features nudity …