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Terminations

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012
While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

Manning’s big tip earns big penalty for Raleigh waiter

03/23/2012
A March evening started out great for a waiter at the Angus Barn restaurant. One of his customers was NFL quarterback and well-known big tipper Peyton Manning, who left a $200 tip. The waiter was so excited he posted Manning’s credit card slip in a photo on Facebook. Bad move …

Know the difference between whistle-blowing and an employee looking for an excuse to sue

03/14/2012
There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.

Beware overly broad drug policies, which could violate ADA rules about revealing a disability

03/14/2012
The 8th Circuit Court of Appeals has handed a significant victory to the EEOC, allowing the agency to continue to supervise settled cases. The impact: Employers should expect continued EEOC charges even after the ink is dry on their settlements.

Warn bosses: Bias could mean punitive damages

03/14/2012
Warn decision-makers who decide to act on their own, ignoring HR’s guidance: Juries can hold them personally liable for legal missteps—and make them pay punitive damages.

Employee tried to comply? He may get unemployment

03/13/2012
The Court of Appeal of Florida has concluded that employees fired for poor attendance must have a chance to show they tried to comply with their employer’s attendance policies before they are denied unemployment compensation benefits.

Threatening behavior trumps employee’s disability claim

03/13/2012

Employees who are suffering from depression, anxiety or other psychological problems may be disabled, but that doesn’t mean they’re excused from following the rules. For example, employers don’t have to tolerate threats, even if the threats concern the employee’s disability.

When RIF costs protected employee’s job, take care how you reassign the work

03/09/2012
Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.

Be flexible on deadlines after FMLA leave

03/09/2012
When employees take FMLA leave (or other time off related to a disability), make sure you adjust any work deadlines. Otherwise, you risk a retaliation claim.

Employees can’t hide behind FMLA to dodge legitimate discipline

03/08/2012
The 5th Circuit Court of Appeals has dismissed a lawsuit brought by a worker who claimed she was fired in retaliation for taking intermittent FMLA leave. The court ruled that she was fired for the most defensible of all reasons: She treated a customer badly.