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Terminations

Use caution in firing employee after On-the-Job injury

03/01/2004

Q. An employee in our plant was directed by a replacement line supervisor to use a machine that he wasn’t trained to operate. The employee stuck his hand into the machine to clear a jam and was injured. The plant supervisor fired the employee while he was still in the hospital for operating machinery he hadn’t been trained on. Does the employee have a right to sue us if he was actually ordered by the line supervisor to do this job? —K.C.

Most employers fail to follow layoff-notice rules

03/01/2004
Expect federal regulators to look closer for organizations failing to comply with the Worker Adjustment and Retraining Notification (WARN) Act. The law requires certain employers to give 60 days’ notice of …

Vague policy could entitle employees to extra vacation pay

02/01/2004
Issue: Must unused vacation time always be paid when employees leave?
Risk: An unclear vacation policy could allow terminated employees to sue your organization and collect additional pay.
Action: …

Stop ‘cybersquatters’ who try to hijack your Web address

02/01/2004
Issue: How to secure the rights to Internet domain names that are related to your organization and its products.
Benefit: You have the legal right to prevent cybersquatters from usurping …

Don’t lower standards for disabled staff

02/01/2004

Q. One of our employees has multiple sclerosis and isn’t meeting our production standard, which calls for 70 percent production level. This employee is achieving only a 59 percent level. From an ADA standpoint, what would be a reasonable accommodation? —M.R., Pennsylvania

You can’t play politics with employees’ political choices

02/01/2004
Issue: In this election year, politics will become a hot topic around the water cooler.
Risk: Retaliating against employees for their off-site political activities or comments can run you into …

Craft a ‘last-chance pact’ with on-the-ropes employees

02/01/2004
Issue: Written “last-chance agreements” give poor-performing employees one final opportunity to shape up. Risk: Some fear that last-chance pacts will violate the Americans with Disabilities Act (ADA). Action: Go …

Don’t break severance promise to employee

02/01/2004
If your organization’s execs grumble about not wanting to pay a promised severance package, point them to this case: A company president refused to fully honor Donald Chisholm’s severance package as …

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

Don’t lash out at workers who take jury-duty leave

02/01/2004
Issue: Can a small organization point to its size as a valid reason to deny jury-duty leave?
Risk: State law exemptions won’t necessarily protect you from this type of lawsuit. …