• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

Continued employment enough to bind employees to noncompete pact

10/01/2005
You may be afraid that your top salesperson or IT whiz is about to jump ship to the competition, but you failed to sign those employees to noncompete agreements when you …

Clarify ‘for cause’ terminations in severance-pact wording

09/01/2005
Issue: Severance agreements that deny severance payments to employees fired “for cause.”
Risk: Failing to clarify “for cause” could result in having to pay severance to people fired for blatant …

You can be sued for what you say during an investigation

09/01/2005
When discussing hiring, firing or promotion decisions, make sure you can back up any claims with some proof. And impress upon others involved in such discussions to also be truthful and …

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 …