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Terminations

Can employees have fun while on FMLA leave?

01/06/2012
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?

Ex-NBA cop claims firing was retaliation

01/05/2012

Looks like the National Basketball Association will make up for time lost to the lockout by playing on both the basketball and legal courts for the next few months. A former NBA security official claims his firing last summer was retaliation for reporting sexual harassment incidents.

Lawsuit against theater says bias was all in the family

01/05/2012
To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes, who managed the Carmel Cinema in Putnam County, didn’t have to look far to find her replacement. It was her daughter.

$16M suit could require lots of cuts for trendy NYC salon

01/05/2012
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!

Use consistent hiring, firing processes to knock down age discrimination claims

01/05/2012
Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.

Franco slacks, NYU prof sues after getting sacked

01/05/2012

What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got the ax for ­giving Franco the lousy grade? José Angel Santana, who taught Franco in a 2010 directing class, says the university was so eager to please its star student that it retaliated when Santana issued the low grade.

Poor service an issue? Seek customer testimony

01/05/2012

If you have employees who deal directly with customers, how they handle those interactions may be grounds for dismissal. When a customer complaint plays a role in a discharge decision, make sure you can locate that customer later. Customers’ testimonies can be powerful in court because juries tend to view customers as impartial.

With small business closing, do I have any specific requirements for laying off workers?

01/05/2012
Q. I will soon either sell my business or close it down. Either way, I will most likely have to lay off all eight of my employees. What are the legal requirements in Pennsylvania in connection with these layoffs?

Muslim scarf ban costs $50K for Philadelphia security firm

01/05/2012
Philadelphia-based Imperial Security will pay $50,000 to settle EEOC charges it discriminated against a woman and fired her because of her religious attire.

Pittsburgh Panera manager: I was fired for refusing racism

01/05/2012
A former manager at a Pittsburgh-area Panera Bread shop is suing the chain, claiming he was fired in retaliation for refusing to implement his boss’s racist directive.