Terminations

When deciding layoffs, rely on several objective factors

02/01/2004

When making the tough call about who receives a layoff notice (and defending that decision in court), rely on more than one evaluation tool.
Why? Overly rosy performance evaluations are …

Require proof of jury service

02/01/2004

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Don’t break severance promise, you may be personally liable

01/01/2004

A company president refused to fully honor employee Donald Chisholm’s severance agreement, even though it was clearly spelled out in Chisholm’s employment contract. So Chisholm sued for breach of contract and …

Don’t punish staff for off-site political comments, but at work, it’s your call

01/01/2004

As the calendar turns to an election year, here’s a good point to remind managers: Don’t retaliate against employees or applicants simply because of their off-duty political activities and comments …

You can enforce ‘last-chance’ pacts with on-the-ropes employees

01/01/2004

Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They’re common in cases involving alcohol abuse, drug abuse …

Is quitting the same as being fired?

01/01/2004

The Supreme Court agreed last month to clarify a vexing question about employer liability in sexual harassment cases: Do employees who quit and then claim harassment possess the same rights as …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004

The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Managers can sink you with ‘spiteful’ references

01/01/2004

Issue: Court ruling makes it easier to win defamation suits stemming from poor job references. Risk: Thousands of dollars in defamation claims. Action: Limit the number of people authorized …

Don’t take a manager’s word that he’s not retaliating

01/01/2004

Issue: Courts will frown on “rubber-stamped” discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal “conspiracy” to retaliate. Action: …

Don’t mess with FMLA’s leave restrictions

01/01/2004

Issue: Courts continue to ambush employers’ attempts to tighten leave-notification procedures. Risk: Following a policy that violates federal law. Action: Route employee-absence calls to one person (possibly you) who …