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Terminations

Don’t drag feet on accommodation; delay can equal discrimination

07/01/2001
Part of Rose Selenke’s job as a radiology technician involved developing mammography films. She suffered from sinus problems and frequently complained about fumes in the darkroom. The first time her …

Newborn’s Medical Problems May Warrant Shorter Hours

07/01/2001

Q. A long-standing employee recently took leave under the FMLA to give birth, but her twins have many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she’s not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would this individual be entitled to unemployment compensation if we terminate her? —G.B., New York

Tell employee the complete reason for firing.

07/01/2001
Rodney Smith was told he was being fired from his probation officer’s job because he violated the employer’s drug and alcohol policy. In court, the county claimed Smith was fired for …

Unsigned contracts can lock you in

07/01/2001
After negotiations to open a new restaurant, a company gave chef Roland Schnider a final draft of a three-year employment agreement that covered salary, benefits, bonuses and an ownership interest in …

Facing layoffs? Avoid laying the groundwork for lawsuits

07/01/2001
Trimming your work force without smart legal advice is like performing surgery without a doctor. You may remove what you intended, but the complications could be deadly. Even if you …

Failing to transfer allergy sufferer may violate ADA.

07/01/2001
William Woods’ doctor recommended that Woods leave central Texas to alleviate his severe allergies. Woods said his employer refused a transfer but suggested he resign and then reapply at its location …

Get separate signature to enforce arbitration agreements

06/01/2001
When Lupe Romo filed suit after being fired, her employer argued that she had to take her complaint to arbitration. Reason: An agreement to arbitrate was part of the employee handbook, …

Requests for accommodation must be reasonable

06/01/2001
After an argument between Manuella Reed and a co-worker, her plant manager told Reed she should walk away from altercations and contact a supervisor. Months later, Reed got into a heated …

Informal vacation policy can cost you.

06/01/2001
Don’t leave any doubt about when workers are on vacation. Michael Pelletier’s employer fired him after 20 years on the job, claiming he failed to show up for three days …

Bankruptcy bias: Handle deadbeat applicants carefully

06/01/2001
Don’t refuse to hire applicants, and don’t fire current employees, solely because they’ve filed for bankruptcy. The U.S. Bankruptcy Code bars such discrimination. However, you can consider an applicant’s overall …