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Terminations

On to trial for worker advocate’s retaliation claim

12/02/2011
Employees and their lawyers are getting more creative with their lawsuits. Not content to rely on federal anti-discrimination laws, they add claims under state law, too. That increases their chances of making a claim stick.

Only truly outrageous conduct can add up to intentional infliction of emotional distress

12/02/2011
Ohio law allows individuals to sue for intentional infliction of emotional distress, including cases that arise from work-related incidents. Fortunately for ­employers, uncaring or insensitive incidents don’t qualify. The circumstances must be truly outrageous.

Beware refusing to rehire new mom; it could be sex discrimination under Ohio law

12/02/2011

Employees who need time off for childbirth but who aren’t eligible for FMLA leave aren’t entitled to additional protection under Ohio law. You can terminate the employee if your leave policies don’t provide another way to take time off. But if the former employee is ready to return after childbirth, beware rejecting her if she tries to reapply for an open position.

Court: Retirement isn’t constructive discharge

12/01/2011
Do you worry that encouraging someone to retire when he’s facing disciplinary action could backfire? Relax. In most circumstances, a voluntary retirement that isn’t pressured or forced because of a threat of imminent discharge isn’t considered a constructive discharge.

Log problems, improvement efforts before terminating

12/01/2011

Occasionally, you’ll run across an employee who has a hard time performing up to expectations and won’t accept suggestions to improve. If he belongs to a protected class, you may worry about a lawsuit if you terminate him. That shouldn’t be a problem if you take the time to document problems before termination.

Beware impromptu evaluations to decide RIFs

12/01/2011

If you must cut staff, you naturally want to terminate the least productive workers and keep the most productive ones. You could make the decision on the basis of past performance evaluations. But what if there aren’t any?

Shared password rouses firing, lawsuit against TIAA-CREF

11/30/2011
A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.

New law limits double-dipping of severance, unemployment

11/30/2011
The Texas Legislature has amended the Texas Labor Code to limit un­­employment benefits for employees who receive severance pay after losing their jobs.

Don’t let FMLA request stop discipline that was already in the works

11/30/2011

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

Don’t tolerate insubordination, rudeness

11/30/2011

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.