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Terminations

Employees to pay $2.26 million as workers’ comp suit backfires

05/01/2007

In a highly unusual decision, a U.S. District judge issued a default judgment against 84 former factory workers who filed workers’ compensation claims against their employer, Bath Unlimited, owned by Michigan-based Masco …

Beyond business need, show why individuals got sacked

05/01/2007

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips …

When planning a layoff, use a checklist to avoid needless age bias litigation

05/01/2007

If an upcoming reduction in force (RIF) will affect older workers, create a paper trail to demonstrate compliance with the Older Workers Benefit Protection Act …

Staph infection breeds claims in addition to bacteria

05/01/2007

A former registered nurse for the Oakland County jail has sued the county after she contracted a drug-resistant, flesh-eating staphylococcus bacterial infection while working at the jail …

Third time’s the charm: KeyBank teller headed to court

05/01/2007

A former bank teller is suing Cleveland-based KeyBank after she was robbed at gunpoint three times while working in the company’s Ellet branch. After the last robbery, she claims she was forced to quit due to severe emotional distress …

Pregnant Employees: Answers to Your 20 Toughest Legal Questions

04/26/2007
White Paper published by The HR Specialist ______________________ Not many years ago, pregnant women were subject to poor treatment from employers and company insurance plans as well. But the Pregnancy Discrimination Act (PDA), enacted in 1978, prohibits discrimination on the basis of “pregnancy, childbirth and related medical conditions.” The PDA required most employers to make […]

Pregnant Employees: Answers to 7 Questions on Hiring and Employment Status

04/26/2007

The Pregnancy Discrimination Act has important implications for how employers treat pregnant women during the hiring process and after, once they become employees. Here are the EEOC’s answers to some of the most common questions employers face.

Terminations: 5 Tips for Avoiding Lawsuits

04/21/2007
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Workers fail to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? —T.B., Tennessee

Termination for excessive absenteeism

04/01/2007

Q. Our handbook states that employees will be terminated if they are absent more than 10 days in 12 consecutive months. An employee has been absent for seven days so far this year, three of which were due to the flu. He called out sick four days ago. When he returns, he will have exceeded the 10-day limit. Can we terminate him?