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Terminations

Quiet a legal storm: Close during weather emergencies

11/01/2004
The hurricanes that battered Florida and the Gulf states this summer pushed an HR question to the forefront: Can employers require employees to report to work during an ordered evacuation or …

Handle sticky-fingered employees with kid gloves

11/01/2004
Issue: HR must walk a legal tightrope when employees are suspected of in-house theft. Risk: A bungled theft investigation increases your organization’s …

Enforce ‘truth statement’ on applications

11/01/2004
If your organization’s job application doesn’t include a “statement of accuracy,” add one fast. In signing, applicants promise they’ve given complete and accurate answers. Such statements provide a solid legal basis …

Warn managers: Avoid assumptions about pregnant employees’ limits

11/01/2004
The Pregnancy Discrimination Act (PDA) says you can’t fire, demote or discipline a pregnant employee simply because of her condition. Take that one step further by reminding supervisors that they also …

Firing family members? If they’re at will, it’s your call

11/01/2004

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri

‘Creative workplace’ defense won’t beat harassment suit

11/01/2004
Issue: A court ruling said sitcom writers have a “creative necessity” to engage in overtly sexual banter.
Risk: While the TV network was allowed to use this defense in a …

‘Use-it-or-lose-it’ vacation policy usually legal, but check state law

10/01/2004
If you have a vague (or nonexistent) vacation policy, you’re simply asking for a lawsuit. That’s why it’s important to make sure your organization clearly spells out whether employees can roll …

Centralize job references to minimize exposure

10/01/2004

Q. Concerning writing reference letters, we have a few supervisors who think it’s OK to write them only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Help! —P.T., South Dakota

What do you do when the big boss is a harasser?

10/01/2004
Issue: How to handle harassing behavior by your organization’s top dogs. Risk: Going easy on them will come back to haunt you; courts hold higher-ups to a higher standard than …

Accommodate religious requests; don’t argue ‘sincerity’ of beliefs

10/01/2004
Federal anti-discrimination law says you must offer reasonable accommodations to employees’ “sincerely held religious beliefs or practices,” as long as the accommodation wouldn’t place an undue hardship on your organization. But …