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Terminations

Iron out union, legal issues

11/01/2000

Q. We have an apparent conflict between our union agreement and our responsibility to maintain a harassment-free workplace. The agreement says we must give the shop steward 48 hours’ notice before dismissing a regular employee. But we have proof positive that two employees have been harassing—and continue to harass—African-American and gay employees. The two harassers have just caused us to lose a good employee who couldn’t take it any longer. What trumps what? —J.V., Louisiana

Plan any deductions for personal calls

11/01/2000

Q. We allow employees to use their company-issued cell phones for personal purposes up to a certain number of minutes every month. A recently discharged employee exceeded her monthly allotment. Can we recoup the cost of these extra minutes by withholding the amount from her last check? —P.P., South Carolina

Series of ‘minor’ incidents
can add up to hostile environment

11/01/2000
Cheryl Conner blew away her male co-workers in skills training for her new metal-processing job. The trouble started when she went from the classroom …

Avoid overly specific ‘grounds for firing’ list

11/01/2000
A United Parcel Service (UPS) worker broke into a profane tirade at two supervisors in a dispute over his check. When he refused to stop, the HR director dismissed him on …

Don’t ‘shoot the messenger’, retaliation claim will usually stick

11/01/2000
Restaurant manager Peter Ball knew that one of his waiters was preparing to sue the restaurant for unpaid overtime under the Fair Labor Standards Act (FLSA). When Ball alerted the company …

Adapt work schedules to worship, religious TV shows included

11/01/2000
Employers are required to adjust work schedules to accommodate their employees’ religious observances, even for nontraditional beliefs. In a recent case, an employee …

Hotel’s bid for ‘cool’ valets teaches lesson on job standards

10/01/2000
Under a new Equal Employment Opportunity Commission settlement, a group of valet/bellmen will collect $120,000 each from the upscale California hotel …

Lesson of Reeves: Give reason for employment decision

10/01/2000
When making an employment decision (such as firing, hiring, demotion), it’s important for your words and actions to be consistent with your true reasons. It’s equally vital …

Title VII’s silence on gay bias doesn’t give OK to discriminate

10/01/2000
It would be an understatement to describe the working relationship between nurse Gary Hamner and the hospital’s medical director as poor. Hamner, a homosexual, says …

Extra damages can be awarded to cover tax consequences

10/01/2000
A jury awarded Richard O’Neill $519,000 in his age discrimination lawsuit against Sears. But O’Neill asked the judge to award extra damages to cover …