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Terminations

No obligation to create indefinite light-duty job

12/03/2012
You don’t have to create permanent light-duty work for injured workers, as the following case shows.

Overstaffed? Take logical approach to job cuts

12/03/2012

It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.

Pregnancy discrimination: You may be personally liable

12/03/2012
Here’s a good reason to make sure pregnant employees don’t experience bias: The Pennsylvania Human Relations Act protects against pregnancy discrimination and holds personally liable anyone who aids or abets discriminatory practices.

Choose: Create light-duty job or keep paying workers’ comp

11/30/2012
The job market is tough for poorly educated, untrained injured workers. However, unless you want to continue carrying such workers on your workers’ compensation policy rolls, it might be smart to do all you can to find light-duty jobs for them.

Erratic employee veering toward violence? Request fitness-for-duty exam, fire if he refuses

11/30/2012

Sometimes, it becomes clear to a supervisor that an employee is acting strangely. The employee may be cranky, argumentative and unpleasant to co-workers and supervisors. He may register repeated complaints about discrimination or other ill treatment. And he may make threatening comments. If that happens, play it smart.

Watch out! Employee who quits can still sue

11/16/2012
Think you can avoid a discrimination lawsuit by making life so miserable that an employee quits, making it unnecessary to fire her? Don’t bet on it.

More questions than answers after NLRB Facebook firing ruling

11/13/2012
By now, you have probably heard about the NLRB decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW. On appeal, the NLRB agreed with the ruling of an administrative law judge  that Knauz BMW did not violate the National Labor Relations Act when it fired a salesman for making a derogatory post on Face­­book. However, employers shouldn’t take much comfort in the outcome.

Wrongful termination: 6 steps to keep firings from burning you

11/13/2012

In most states, workers are employed on an “at will” basis, meaning employers may terminate workers at any time for any legal, nondiscriminatory reason. However, at-will status doesn’t mean you won’t get sued. Here’s how to minimize your exposure to wrongful-termination claims.

NYC guidance counselor fired over old lingerie photos

11/11/2012
A school guidance counselor is suing the New York City Department of Education after she was fired after some long-ago photos of her modeling lingerie surfaced on the Internet. Her lawsuit claims discrimination and wrongful termination.

Beat FMLA suit by showing you would have fired anyway

11/09/2012
Employees who have taken FMLA leave and then been fired often sue. However, all is not lost for ­employers faced with such a case—if they can show they would have fired the em­­ployee anyway. In fact, chances are, they’ll win.