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Terminations

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 …

One ‘come-on’ can equal sexual harassment

03/01/2003
Don’t hesitate to discipline first-time sexual-harassment violators. Even one outrageous comment or act, if severe enough, can make your company liable for fostering …

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming

Employee Can’t Claim COBRA if Not Enrolled in Plan

02/01/2003

Q. We offer insurance benefits that begin six months after hire. Due to changing business conditions, we had to terminate an employee after only 10 months on the job. But the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? —M.R., South Carolina

Bankrupt worker protected from bias, but only if he formally filed

02/01/2003
The U.S. Bankruptcy Code says it’s illegal for private companies to fire employees, or refuse to hire applicants, solely because they’ve filed for bankruptcy. But what …

Doing half a job is not a reasonable accommodation request

02/01/2003
After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn’t have any disability that would prevent him from doing …

Don’t punish employees for participating in legal probes

02/01/2003
Kimberly Hill, a 10-year employee at the Kentucky Lottery Corp., testified at an unemployment compensation hearing on behalf of a co-worker who alleged discrimination. Soon …

Heads up: Workers can sue over ‘potty parity.’

02/01/2003
A manufacturing firm’s new plant had only one restroom, which was designed for men. Female workers were told they had to use that restroom during work hours, …

Undocumented workers can sue for retaliation under FLSA

02/01/2003
Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …