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Terminations

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 …

Requiring training won’t constitute retaliation, court says

05/01/2004
Don’t worry about assigning an employee to a job in which she’ll need to upgrade her skills, even if that employee previously filed a lawsuit against your organization. Reason: As long …

To avoid ‘glass-ceiling’ lawsuits, study fairness of pay, promotions

05/01/2004
Glass-ceiling lawsuits, in which women or minorities claim they’re prevented advancement beyond a certain point, are tough to prove, but not impossible. If an employee can show a pattern of discrimination, …

Don’t bend truth in exchange for lawsuit waiver

04/01/2004
Former employees may ask you to put the best face, and possibly an unrealistic face, on their employment record, in exchange for releasing any lawsuit claims against you. But don’t enter …

Include fair geographical and time limits in noncompete pacts

04/01/2004
Noncompete agreements are easier signed than enforced. So your noncompete restrictions must give the person a “reasonable opportunity” to pursue a livelihood in his or her chosen field.
What’s considered …

Don’t count on total immunity from references

04/01/2004

Q. I have a question about providing honest feedback during reference requests. Is it better to defend the fact that I provided a truthful (negative) assessment, rather than trying to explain why I can’t give any reference at all? Aren’t we protected by negligent referral and reference immunity laws? —M.R., Utah

Don’t ‘retire’ someone before he’s ready

04/01/2004
Just because an older employee is preparing to retire, it doesn’t give your organization the right to push him out the door.
The federal Age Discrimination in Employment Act (ADEA), …

Oral promise of long-term job will trump written at-will agreement

04/01/2004
Caution your hiring managers to avoid making, or even hinting at, guarantees to prospective employees about long-term job commitments. “Talking up” permanence to lure applicants could crush your ability to fire …

When does ‘religious expression’ cross the line?

04/01/2004
Issue: You must walk a fine line between allowing employees’ religious expression and preventing that expression from harming the business or creating unbalanced treatment of employees. Benefit: Federal law says …

Can you fire a poor performer who’s on FMLA leave?

04/01/2004

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York