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Terminations

Less prestigious job leads to constructive discharge

11/01/2002
After a top-performing African-American server at Denny’s was transferred to a different location, the restaurant unexpectedly reassigned her to busing tables. She walked off the job and sued, alleging that she …

Regulating off-duty conduct: How far can you go?

11/01/2002
Say you find out that your sales manager is dating the marketing director of your biggest competitor. Or that your cashier has a bottle-of-scotch-a-day drinking habit after work. Can you fire …

Write Job Descriptions Before Trouble Starts

10/01/2002

Q. How serious is it if written job descriptions aren’t in place for employees? Is it safe to draft them even after a termination that could result in a lawsuit? —B.B., New York

Don’t deny ADA accommodation due to ‘potential’ seniority break

10/01/2002
After 18 years as a truck driver, Donald Dilley developed back trouble and was limited by his doctor to lifting less than 60 pounds at a time. Dilley asked for routes …

Employer’s extortion ignites wrongful discharge claim

10/01/2002
The owner of a ranch hired B.J. and Nancy Logan to work on his property. When the Logans got a permit to develop their own property near the ranch, the ranch …

The WARN Act: Notify staff before large-scale layoffs

10/01/2002
The Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to give employees 60 days notice before a plant closing or mass layoff. Some states also have plant-closure laws that add additional mandates.

Worker can’t sue for job switch if you have legitimate reasons

10/01/2002
Barbara Policastro was a Northwest Airlines’ sales rep whose territory covered Cincinnati, where she lived. She also had to spend about five days a month servicing cities in northern Kentucky about …

Don’t silence or punish workers who compare their pay

09/01/2002
A marketing director at one of Covenant Care’s nursing facilities attended a meeting of other marketing directors in the company. During the meeting, she joined other directors in a brief discussion …

Don’t fire workers to trim health costs

09/01/2002
During Kathy Smith’s first year in a customer service job, her husband was diagnosed with heart disease and her son with water on the brain. Treatment was covered under the firm’s …

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas