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Terminations

Consider ADA before applying tardiness rules

07/27/2012

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

After surgery, look for ways to accommodate employee

07/25/2012

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just be­­cause she’s used up her FMLA leave and still needs help during recovery.

Federal court to decide: Does firing a pregnant employee violate public policy in N.C.?

07/25/2012
A federal court has said it will soon decide a case that may make pregnancy discrimination illegal in North Carolina. At issue is whether North Carolina employers are liable for wrongful discharge if they fire a pregnant woman from her at-will job.

Reconsider if complaint that led to firing is recanted

07/24/2012
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

Weigh employee’s good-faith intentions before contesting unemployment benefits

07/24/2012

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

Can we lay off a department and require reapplication?

07/24/2012

Q. I recently read about an employer laying off an entire division and then making those employees reapply for newly reconfigured jobs in that division. This sounds like a good way to get rid of deadweight and lower our payroll. Are there any legal problems with this? Will those who don’t reapply still be eligible for unemployment compensation?

Mandatory firings lead to $380K ADA settlement

07/18/2012
Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations.

Too much time online can be misconduct

07/18/2012
If you limit personal use of electronics and fire an employee for violating that rule, he can’t get unemployment benefits. Excess online time is misconduct under those circumstances.

Fire away if worker abuses intermittent leave

07/18/2012
If you suspect intermittent FMLA leave abuse, take action. You can check up on the employee or ask her what she is doing on the days she designates as intermittent leave. If she’s not using the time as required, you can discipline her.