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Terminations

Don’t push an employee toward disability leave

09/01/2006

Q. We have an employee (an officer at the bank) who was out six months with a heart condition. He has had performance problems on and off since then. He was hospitalized again with pneumonia and returned looking very bad, but his doctor says he’s fine to return to work.  We approached him about taking disability and SSI benefits, but he refuses. Now we face a morale issue because he constantly talks about his illness and his co-workers feel he isn’t performing. If we terminate him, what is the best approach? —C.T., N.J.

Block firing-Bias charge by documenting business reason

09/01/2006

Several statutes protect pregnant employees from discrimination and retaliation. But those laws don’t guarantee employees’ permanent job security …

Bias complaints can be ‘Filed’ after 180 days

09/01/2006

If you’re like most employers, you breathe a little easier when 180 days have passed since you discharged an employee. You know that’s how long fired workers have to file a complaint with either the EEOC or the Texas Workforce Commission if they are bringing a claim under the Texas Labor Code …

State Pays Out Nearly $4 Million After Firing at-Will Employee

09/01/2006

If you’ve ever wondered how much it costs an employer to defend a discrimination lawsuit, a Pennsylvania case may provide the answer …

Give staff at least 15 days to obtain FMLA certification

09/01/2006

When it comes to collecting proof about an employee’s FMLA medical leave, one stupid mistake can cost your organization big bucks. That mistake? Not giving employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave …

Returning soldiers aren’t at-Will employees … temporarily

09/01/2006

If you plan to terminate an employee who recently returned from military duty, you need a clear, business-based reason for your action. You can’t fall back on "at-will status" as a reason for firing in such cases …

Announcing terminations: What’s the smartest way?

09/01/2006

A reader of our weekly e-mail newsletter, The HR Specialist Weekly, recently posed this question: “How do you let other employees know when you’ve fired someone?” Following are some of the responses from other readers …

Isolated racist comments won’t always be discrimination

09/01/2006

You know the workplace should be free of racially or sexually charged comments and that supervisors most certainly shouldn’t engage in such banter. But you can’t wipe prejudice out of every employee’s mind …

Firing ‘Worst of the best’ isn’t age discrimination

09/01/2006

If economic conditions force you to downsize, be prepared for lawsuits. That’s especially true if no employees stand out as obvious poor performers who should be canned. In such cases, articulate that you have no choice but to fire "the worst of the best" …

Cut Out the Age Jokes; Employees Aren’t ‘Antiques’

09/01/2006

Workplace humor is fine until it drifts into the realm of gags about employees’ gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs …