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Terminations

React quickly to employee threats; don’t be wedded to discipline policy

12/01/2001
The Illinois toll authority settled Robert Merheb’s discrimination charge by giving him a new job. The agreement also said that if Merheb committed any infraction, the employer would follow its progressive …

Each paycheck can equal a discriminatory act

12/01/2001
After six years on the job, Gerard Cardenas quit and sued his company, alleging that he was paid less because he is a Mexican American. A lower court tossed out his …

Take Broad Look for ADA Accommodation

11/01/2001

Q. If we let some employees in a department return to work in a light-duty capacity, can we deny other employees that same option? We need to do this because the department no longer can operate properly with half its staff on medical leave or limited to light duty due to medical conditions. The union contract says that when an employee is eligible for medical leave, six months must pass before we may terminate the employee. —D.W., Illinois

Don’t pull punches; fire when necessary

11/01/2001
The Cook County, Ill., Sheriff’s Department fired Harriet Rizzo when it discovered that she didn’t have a high school diploma as required, and she had lied about it on her job …

Weigh Cost Before Denying Accommodation Request

10/01/2001

Q. An employee we hired a couple weeks ago through a temporary agency (he is on their payroll) has just told us that he is Muslim and can’t work on Fridays. During the interview, he was asked whether anything would prohibit his working a proposed schedule that specifically included Fridays for the next 30 days. He said no, and this is in writing. He did not mention this problem until he had already been working for a week or two. Can we let this guy go? —M.R., South Carolina

Notify staff how you count FMLA year

10/01/2001
Managers at America West warned Penny Bachelder that her attendance was a problem. She had taken lots of time off in the previous two years under the Family and Medical Leave …

Doc’s opinion alone isn’t enough

10/01/2001
Larry Jackson’s doctor cleared him to return to work without restrictions following his triple bypass surgery. His employer, DBM Technologies, initially assigned him …

Close ties with arbitrator can unbind decision

10/01/2001
Prudential fired Alex Montez four months into his job as a senior vice president after it found he had misrepresented something on his job application. But one issue prevented a clean …

Heterosexuals also protected.

10/01/2001
A secretary for the Metropolitan Opera’s stage director filed a discrimination suit, saying her boss subjected her to a hostile environment and fired her because she isn’t a homosexual. The New …

Raise Doesn’t Prove Employee Was Succeeding

10/01/2001

Q. About three months ago, we gave a marginal employee who is pregnant a pay raise in hopes that it would improve her job performance by boosting her morale. Unfortunately, her performance has gone from bad to worse. If we fire her for poor performance, can she successfully argue that the recent raise indicates that she was performing well and that our reason for terminating her was discriminatory? —H.K., Illinois