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Terminations

Self-diagnosis won’t cut it; require proof of disability

09/01/2005
Do you have an employee whose sniffles, coughing or health complaints drive co-workers crazy? Has she told you that she’s disabled and can’t help the snorting and sneezing? You don’t need …

Don’t ask employees to sign away their FMLA rights

09/01/2005
In severance agreements, employers typically require employees to sign promises not to file employment-related lawsuits. But don’t try to include FMLA rights in that
waiver.
Why? A new ruling …

Stay on guard against top 10 ‘bad boss’ behaviors

09/01/2005
Bad managers are the main reason many employees quit. An online survey at KeepEm.com details which bad-boss behaviors would make them quit. The top 10 worst offenses, in order: belittles people …

Dangerous and Disabled: ADA’s ‘Direct Threat’ Rule

08/01/2005

Q. One of our employees, who has diabetes, is on the road a lot tending to patients in their homes. We’ve heard that she is having trouble seeing patient charts and difficulty pricking patients’ fingers for tests. What should we do? —M.J., New Jersey

Check bankruptcy records when employees sue

08/01/2005
If your organization is hit with an employee lawsuit, consider having your attorney check for a bankruptcy filing by the employee who sues you. If the lawsuit isn’t listed as an asset with …

Employee returning from injury leave? Don’t treat her with ‘kid gloves’

08/01/2005
You may know that the ADA entitles disabled people to reasonable accommodations to allow them to perform their job’s essential functions. But what about employees who have minor medical ailments that …

Firing during FMLA leave: legal, but usually unwise

08/01/2005
Issue: If you uncover an employee’s performance problems while she’s on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt …

Go overboard to clarify details in age-discrimination waivers

07/01/2005
When terminating employees, it’s smart to ask them to sign agreements that waive their rights to sue your organization for discrimination or wrongful discharge. Typically, employers wrap such waivers into severance …

Firing worker during FMLA leave: possibly legal, but usually unwise

07/01/2005
Terminating an employee who’s out on FMLA leave isn’t impossible. If you can prove that you would have fired the employee if he or she had been at work, you can …

Overly aggressive defense tactics may backfire on you in court

07/01/2005
When defending an employment lawsuit, be careful about authorizing your attorneys to use exceedingly aggressive tactics. If your lawyer goes overboard, you may end up paying the other side’s attorney’s fees. …