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Terminations

Your probation period: a lawsuit waiting to happen

06/01/2004

If your employee handbook or job-offer letters say new hires will face a probation period of, say 60 or 90 days, you should consider dropping that policy.

To keep noncompetes legal, include fair restrictions

06/01/2004
Issue: Noncompete agreements are more easily signed than enforced. Risk: One sure way to crush your noncompete’s legality is to include overly restrictive time and geographical limits. Action: Make …

Cross-dressing at work isn’t protected by law.

05/01/2004
A hospital fired an ER doctor for violating its gender-specific dress code. The doctor had continued to wear nail polish, cosmetics and “visible female undergarments” after being warned that his appearance …

Serious illness, not just its symptoms, triggers FMLA

05/01/2004
Issue: Can employees earn FMLA leave if they just show symptoms of an ailment that eventually becomes a qualifying “serious condition?” Benefit: The answer is “No.” You don’t have to …

The top 4 termination mistakes managers make

05/01/2004
Wrongful termination lawsuits are time-consuming, expensive—and almost always preventable. Here are four firing mistakes managers often make, plus what HR should do to keep them from happening.

Serious condition, not its symptoms, triggers FMLA

05/01/2004
The next time you consider a request for leave under the Family and Medical Leave Act (FMLA), remember this: For employees to be covered under the FMLA for their own “serious …

Telecommuters eligible for FMLA? Geography may be irrelevant.

05/01/2004
An account executive who telecommuted from her California home office sued her Kansas-based employer, claiming she was fired after taking FMLA leave to recover from surgery. The company said she was …

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Handle soon-to-retire employees with care

05/01/2004
Issue: If an employee has one foot out the door, can you push the other foot out, too?
Risk: “Retiring” an employee before he’s ready can open the organization to …

Ignorance of law is no defense for layoff-notice violation

05/01/2004
If your organization is weighing a plant closing or employee layoff, determine early whether you’re required to give employees notice under the Worker Adjustment and Retraining Notification (WARN) Act. Courts won’t …