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Terminations

Found liable for discrimination? You’ll owe back pay, even if fired worker starts a new business

03/01/2007

When employees lose their jobs because of alleged discrimination, the Pennsylvania Human Relations Commission (PHRC) can award them lost wages based on the difference between their past earnings and what they currently make as self-employed individuals, …

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

HIV-Positive trucker settles discrimination case

03/01/2007

A truck driver who is HIV-positive has settled an employment lawsuit against his former employer, E.C. Trading Ltd. He claimed the company cut his hours and then fired him after it learned about his HIV status …

Jury awards $150,000 to worker in Tarrant County retaliation case

03/01/2007

A Tarrant County jury has awarded more than $150,000 in damages to a former animal control officer who sued the city of Burleson for wrongful discharge …

Baker Axed for Deserting Bagels Still Has a Wrongful-Firing Case

03/01/2007

A bagel baker at a BP Connect store will proceed with an HIV-discrimination and wrongful-firing suit even though he admitted his firing was justified …

The Dirty Dozen: Manager mistakes that spark lawsuits

03/01/2007

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.

Cutting jobs? You may be able to consider FMLA leave

03/01/2007

You’ve heard it over and over again: Don’t take FMLA leave into consideration when making employment decisions. But you don’t have to take that caveat to extremes …

Seniority is a valid reason to retain one race over another

03/01/2007

When you need to downsize your organization, you may worry if a disproportionate number of the employees that are terminated are members of a protected class. But, as a new ruling shows, you can justify your decision by having clear documentation that shows you had a seniority rule in place and followed it …

Before reorganization, draw up a staff contingency plan

03/01/2007

Are you planning to use an early-retirement incentive to help reduce the size of your work force? If so, it’s wise to prepare contingency plans for the remaining open positions and carefully document them …