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Terminations

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?

RIF after FMLA leave? Possible, but proceed with caution

04/01/2007

If you terminate an employee soon after he or she has returned from FMLA leave, you open yourself to charges of retaliation …

Lessons From Strip-Search Case: Train Managers on ‘Dignity’

04/01/2007

When managers suspect theft, it’s easy for tempers to rise. But don’t allow the incident to erupt into an ugly confrontation and public humiliation of employees …

Toledo firefighters face termination for illegal tapings

04/01/2007

The Toledo fire chief has recommended terminating three female firefighters after discovering they had secretly taped workplace conversations …

Understanding religious accommodations in Ohio workplaces

04/01/2007

Ohio mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

Firing after FMLA: Potentially legal but usually unwise

04/01/2007

The FMLA doesn’t forbid you to fire employees after they return from FMLA leave, or even while they’re on it. You’re simply prohibited from firing them because they took FMLA leave …

Stray From Progressive-Discipline Policy at Your Own Risk

04/01/2007

If you have a progressive-discipline policy in your employee handbook, it’s legally wise to follow it carefully with all employees. If you deviate from it and fire a worker quickly, be prepared to provide a good reason …

No disability discrimination if worker isn’t qualified for job

04/01/2007

A hospital secretary who suffered chronic arm pain after puncturing her thumb with a contaminated pin recently lost her disability-discrimination lawsuit …

Quick fix can help avoid harassment liability

04/01/2007

Q. One of our male supervisors fired what we in HR thought was a poor-performing female employee. During the exit interview, the terminated employee told us that her supervisor fired her because he was sexually harassing her and she threatened to report him if it didn’t stop. It turned out that her claim was legitimate. We immediately called her back to work.

We thought we had dodged a bullet but, unfortunately, we’ve been contacted by her attorney, who threatened a lawsuit unless we agree to settle her claim for a lot of money. We will contact an attorney to represent us, but we want to know if the fact that we brought her right back to work is going to make a difference? —L.W.

Former editor sues Wilkes-Barre newspaper for age bias, retaliation

04/01/2007

Allison Walzer, former editor of the Wilkes-Barre Times Leader, has added a retaliation claim to a pending discrimination lawsuit against the newspaper, where she worked for 24 years …