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Terminations

Gross misconduct gets tougher to prove

03/01/2002
After a Philadelphia school district fired a high-school math teacher for misusing money from the extracurricular activity account, the teacher sued. He claimed, among other things, that the school district refused …

Ex-employees: Gone but not forgotten Courts’ broader definition of ’employee’ expands your liability

02/01/2002
Who are your employees? Seems like a pretty simple question. But, as in several aspects of employment law, the answer may surprise you. Two recent court rulings illustrate how, in …

Don’t fear ‘cybersmear’; go after employees who libel you online

02/01/2002
Research scientist Michelangelo Delfino was fired for harassing fellow workers at a medical lab. A co-worker, Mary Day, resigned two months later. Soon after, the pair used the Internet to unleash …

Rework your severance plan: More prospective employees seeking this safety net

02/01/2002
Even if your company has avoided layoffs, it’s still time to rethink whether your severance plan is achieving …

‘Gross Misconduct’ Cancels COBRA Coverage

01/01/2002

Q. Do I have to provide a COBRA notice for an employee who is terminated for a positive drug test shortly after starting work? —D.W., Colorado

Chronic illness isn’t always a qualifying disability

01/01/2002
A video services company fired Kent Furnish for poor job performance due to problems ranging from weak communication skills to frequent breakdowns of the systems he installed. Furnish claimed the company …

Sidestep liability when releasing information on ex-employees

01/01/2002
Wal-Mart fired truck driver Joseph Tracz after he tested positive for drugs. When he applied for another job, Tracz signed an authorization form allowing Wal-Mart to release his past drug tests. …

High court to weigh claims of ‘disparate impact’ by age

01/01/2002
The U.S. Supreme Court has agreed to decide whether workers who claim age discrimination can base their arguments on the fact that older workers at the company, as a group, were …

Laying off the layoffs

01/01/2002
Layoffs that aren’t handled well can trigger lawsuits, particularly if workers feel they weren’t treated fairly. But a recent survey shows that businesses are taking many steps to ease the impact. …

Be crystal clear about status of employee’s bonus

01/01/2002
Joe Fitzpatrick told his supervisor that he was considering resigning and asked about getting one of the bonus checks that other members of his work group had received. “I have a …