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Terminations

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

Scrutinize resumes; layoffs increase lying

10/01/2001

Raise your skepticism a few notches. RÃ?sumÃ? fudging is on the rise again. The so-called Liar’s Index, the percentage of applicants who falsify their educational credentials, has risen steadily …

… and they’re planning to leave

10/01/2001
In a separate survey by Walker Information, only 24 percent of workers say they are committed to their employer and plan to stay for the next two years. The Indiana-based …

Get Certification Before Granting FMLA Leave

09/01/2001

Q. An employee told her supervisor that she needed surgery. We approved time off under the FMLA with the understanding that she would provide certification after the leave began. We later discovered that this “necessary” procedure was liposuction. Can we revoke approval of medical leave under FMLA and convert sick hours used to vacation hours instead? Can we fire her based on inappropriate use of the FMLA? —T.S., Florida

Uneven Comp-Time Policy Can Cause Trouble

09/01/2001

Q. Our company manual doesn’t address compensatory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some and not to others. Can we negotiate our own terms with each employee? —E.B., Oregon

Put ‘unwritten rules’ in writing

09/01/2001
Interstate Brands Corp. had an unwritten policy that required a doctor’s note to confirm all absences caused by a work-related injury. When Cynthia Bausman didn’t produce …

Once you accommodate disabled, proving ‘hardship’ gets tougher

09/01/2001
When Larry Skerski began working as a cable technician, about half his job involved climbing ladders, poles and towers. But a decade into his job, he developed a panic disorder when …

Small, but vital, function of a job may make it ‘essential’ under ADA

09/01/2001
Job descriptions at Northern States Power Co. make it an “essential function” for customer service reps to handle emergency calls like gas leaks and downed power lines. Loretta Emerson handled …

Simple accommodation efforts can avoid major headaches

09/01/2001
Cathy Collings wanted to fire one of her employees, a state social worker, because he refused to license homosexuals as foster parents. The worker said that his religious beliefs prevented it. …

Disabled worker isn’t entitled to work-at-home accommodation

08/01/2001
Lynn Heaser blamed the air quality in her office at Toro for her health problems, which were diagnosed as everything from allergies to chemical sensitivities. She asked to work from …