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Terminations

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 …

Steer clear of these 7 red flags before you terminate

01/01/2004
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

React quickly to employee threats

01/01/2004
Issue: Firing someone who threatens a co-worker may be worth the risk of being sued for wrongful discharge. Risk: Wrongful-discharge claims versus serious injury or even death: Which would be …

Reverse age bias is rarely an issue with early retirees

01/01/2004

Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years, but fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way? —T.G., Florida

HR: Carefully review firing plans; courts will frown on ‘rubber stamp’

12/01/2003
It’s not impossible to discipline employees who complain of discrimination. They’re not untouchable. Just make sure you can show that the discipline flows from objective performance factors, not retaliation.
Still, …

Court: ‘Serious health condition’ requires 3 full days of incapacity

12/01/2003
When it comes to judging whether an employee’s serious health condition qualifies for Family and Medical Leave Act (FMLA) protection, require at least three consecutive, full days of incapacity. A new …

Here’s more reason to stick to the facts when providing employee references

12/01/2003
Many states provide some immunity for employers who furnish truthful, fact-based employment references. But, as the following case shows, that immunity can evaporate if you provide false information or make malicious …

Brush up on WARN Act rules; fed report prompts more scrutiny

12/01/2003
Count on hearing more about the Worker Adjustment and Retraining Notification (WARN) Act in the coming months. Reason: Employers comply with the law (which requires 60-days’ notice of mass layoffs or …

Can you accommodate disabilities you don’t know about?

11/01/2003
Issue: The Americans with Disabilities Act requires disabled employees to advise you about their need for accommodation. Benefit: Courts will side with you if you can …

‘Self-defense’ is no excuse for ignoring anti-violence rules

11/01/2003
Issue: Employees may try to use “self-defense” as a reason for breaking your no-fighting rule.
Risk: That would limit your ability to punish violent workers …