• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

Do the math before taking action
against employee on FMLA leave

11/01/2003
When calculating an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave, always double-check your math, then run it by an HR boss or employment lawyer.
While you …

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

An unsigned contract can still be legally binding

11/01/2003
Issue: Some courts consider agreements, signed or unsigned, to be valid, binding contracts.
Risk: A manager’s verbal promise could lock your company into legal agreements it must follow …

Firing for ‘moral issue’ is legal but unwise

11/01/2003

Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida

Firing an H-1B worker? Notify feds first

11/01/2003
Organizations that employ foreign workers on H-1B visas must now take an extra step when terminating them: notifying the federal government. Example: A software company hired a programmer on a …

Scrutinize true reasons for layoff; then banish all inconsistencies

11/01/2003
No one likes to choose among employees for company-mandated layoffs. But if you’re given this task, research and recommend choices with defensible reasons that you can back up. Don’t manufacture termination …

Cut turnover with business-card handout

11/01/2003
A California chiropractor successfully improved morale (and, he believes, cut turnover) by simply giving every employee a set of customized business cards sporting their job titles. …

Cut absenteeism costs with a paid-time-off plan

10/01/2003
Issue: Paid-time-off (PTO) plans combine sick leave, vacation time and personal days into a single leave-time bank.
Benefits: A PTO plan can reduce sick leave abuse and trim your absentee …

Mind your P’s and P’s: Patience and proof are best defense against lawsuits

10/01/2003
Some managers are reluctant to discipline minority employees or others in “protected” classes. That’s not smart, and it can come back to haunt you if you don’t discipline all employees evenly. …

Nonunion shops: You can be liable for ‘unfair labor practices’

10/01/2003
Before you lash out against workers who rise up against a pay issue or other working condition, stop yourself. The National Labor Relations Act (NLRA) protects employees’ rights to engage in …