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Terminations

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.

Jury: He’s no whistle-blower, just an abusive manager

05/24/2012

The Pennsylvania Department of Environmental Protection said it fired Steve Barto from his job as an environmental group manager because he intimidated employees, used racial slurs and behaved erratically. When Barto sued the DEP for allegedly violating his civil rights, he painted a different picture.

Court carves out another age-bias class: Employees age 50 and older

05/24/2012
A federal court considering the question for the first time has concluded that workers over a certain age can challenge the disparate impact a reduction in force may have on that age group.

How to prevent leave double-dipping: Prohibit vacation travel during paid FMLA leave

05/24/2012

It’s perfectly legitimate to prohibit recreational travel during any approved, paid sick leave. If you also happen to substitute paid sick leave for unpaid FMLA leave, you can still enforce the same no-vacations policy.

How does PTO affect terminations?

05/18/2012

Q. We are considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?

OSHA orders reinstatement for truck driver–plus $190,000

05/16/2012
OSHA has ordered Georgia-based Interline Logistics Corp. to rehire a whistle-blowing Sauk Village driver who reported that his truck had brake problems.

You can discharge during FMLA leave–under the right circumstances

05/16/2012
An employer that can show it would have terminated an employee for lack of work or another business reason can do so during FMLA leave. However, it must be able to offer clear, documented proof showing the move wasn’t related to the leave.

Faking illness is grounds for denying unemployment comp

05/10/2012
Employers have the right to expect their employees to be honest. When an employee is fired for lying about being sick and missing work, the employer won’t be liable for unemployment compensation payments.

Remind supervisors to err on the side of caution when employee claims medical emergency

05/10/2012
When supervisors act out of anger or ignorance, the result is seldom good.

Know employee’s diagnosis? Don’t assume FMLA

05/09/2012
If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.