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Terminations

Forcing a resignation kills your legal defense

06/01/2003
Here’s even more incentive to end harassment at the earliest opportunity: A new court ruling says employers could give up their best defense in court if they allow workers to suffer …

Nondisabled workers can claim ADA retaliation

05/01/2003
Warning: As odd as it may sound, don’t believe you’re safe from an Americans with Disabilities Act (ADA) lawsuit if the employee fails to prove a disability. Most people think …

Don’t let abusive staff use disability as excuse; you can fire for behavior

05/01/2003
Don’t allow employees to use their disabilities as justification for poor behavior, especially if it clearly threatens your workplace. Even if an employee is …

Give employees advance notice of severance plans, waivers

05/01/2003
Don’t spring severance-plan details on employees right before a layoff. The Employee Retirement Income Security Act (ERISA) says you must give employees advance notice …

Look at job duties, not signed pact, to decide employee/contractor status

03/01/2003
What if your independent contractors wake up tomorrow and decide they actually should be considered employees? Too many companies think they’ve got a bulletproof …

Don’t try to block employee’s lawyer from talking with your staff

03/01/2003
If Disgruntled Don in accounting sues your company, his lawyer can talk with other employees and, under most state laws, there’s not much …

Lower-level bias can illegally taint firing decision

03/01/2003
When it comes to discrimination affecting your company’s hiring and firing decisions, what you don’t know can hurt you. That’s why it’s important to reiterate …

Simple pain complaint doesn’t count as FMLA notice.

03/01/2003
A worker who previously fractured his coccyx told his boss he was “in pain from his tailbone” and needed to go to the doctor that day. Although the boss told him …

FCRA: How to comply with background-check rules

03/01/2003
THE LAW. The Fair Credit Reporting Act (FCRA) regulates how your company performs background checks on job applicants. Contrary to popular belief, this federal law …

Beware unintended bias against unmarried workers, applicants

03/01/2003
A new study gives your single employees and applicants new ideas for a lawsuit. The study by consultant Challenger, Gray and Christmas says unmarried people …