Terminations

‘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 …

You can place some conditions on employees’ FMLA leave

10/01/2004

While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004

The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …

Stop managers from using bullying as ‘motivation’

10/01/2004

Your organization counts on its supervisors to motivate employees. But that doesn’t give supervisors free rein to use whatever tactics necessary. As the following case proves, you have the right, and, …

Severance pacts can’t ask employees to waive their rights to EEOC claim

10/01/2004

Make sure your severance agreements don’t require employees to waive their rights to file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC).
Why? As opposed to a …

Review insurance policies for legally dangerous exclusions

10/01/2004

Issue: A poorly worded insurance policy can spark age discrimination lawsuits. Risk: If your policy excludes members of a protected class (age, race, gender, etc.)…

Require employees to show FMLA proof before their leave

10/01/2004

Issue: When must employees provide proof of their need for FMLA leave? Benefit: You can require employees to provide proof when they request the leave. Action: Don’t be …