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Terminations

No Title VII protection for illegal immigrants

06/25/2012

Employers can’t discriminate against someone based on her  national origin. But what about discrimination based on whether someone is in the country illegally? Is that also national-origin discrimination? The answer is a resounding “No!” according to a recent 7th Circuit Court of Appeals case.

Tell bosses: Include details in evaluations

06/21/2012
Here’s an important reminder for supervisors: Details count at evaluation time, especially if poor performance will lead to a performance improvement plan or even discharge.

Public employer? Beware retaliation against employee who testifies in civil rights case

06/20/2012
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.

Minnesota backs away from edge of retirement ‘cliff’

06/18/2012
The Minnesota state government has settled the last age discrimination claims resulting from early retirement packages offered to state employees.

Tragic personal history doesn’t excuse misbehavior

06/18/2012
If you have a no-violence rule, you don’t have to alter the punishment based on the employee’s personal history, no matter how tragic.

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

OSHA seeks reinstatement of art school whistle-blower

06/11/2012
OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.

Company itself may be liable when CEO is the harasser

06/11/2012
Here’s a difficult situation for even the most experienced HR pro: What should you do if you believe the head of your company is a harasser? There’s no easy answer, as this case shows.

Honestly believe worker lied? It’s OK to terminate him

06/11/2012
Did an employee lie about an illness and abuse FMLA leave? As long as you honestly and in good faith believe the employee was dishonest, your disciplinary decision will hold up in court.

Premarital sex or pregnancy discrimination? One’s protected while the other is not

06/11/2012
There is no freedom from discrimination based on having premarital sex, but there is a right to be free of pregnancy discrimination. It may seem odd, but employers can technically fire someone for behavior that doesn’t meet the employer’s “moral” standards as long as no other protected characteristic is involved.