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Firing

Cook County HRC finds ‘substantial evidence’ of District’s anti-gay bias

08/18/2010

The Cook County Human Rights Commission has found “substantial evidence” of sexual-orientation discrimination in its investigation of the Bremen Community High School District No. 228. The case began after the district fired Superintendent Richard Mitchell following a series of clashes with the board.

Prepare to reinstate worker fired for working with OSHA

08/18/2010

Driver Peter Cefalu was fired from his job at Roadway Express after submitting a statement backing a co-worker’s claims that the company illegally required drivers to falsify their transportation logs. Cefalu complained to OSHA and was ordered reinstated …

Don’t automatically approve FMLA leave for elective or cosmetic surgery

08/18/2010

Elective surgery that isn’t medically necessary may not be eligible for FMLA leave because the employee having the procedure may not be suffering from a serious health condition. Challenge such leave requests by asking for the second and third certifications that the FMLA allows.

Uncomplicated flu may not be covered by FMLA

08/18/2010
During last year’s swine flu pandemic, lots of employers came up with contingency plans in case employees got sick. Most swine flu cases, thankfully, ended up being quite mild. And as a practical matter, that probably meant that most employees who had swine flu would not have been eligible for FMLA leave because they weren’t incapacitated or unable to perform the essential functions of their jobs for three days.

Unemployment: HR rep can testify about harassment probe

08/12/2010
Here’s some good news that will make it easier for employers that want to challenge unemployment compensation claims after firing an employee for misconduct. The HR representative who conducted the investigation can testify about what others said, provided that any written statements are also presented.

Pierogi–steamed at Pirates’ front office–loses job

08/10/2010

Andrew Kurtz, part of a crew of guys who dress as hearty snacks and race around the Pittsburgh Pirates’ stadium at every home game, was canned after criticizing team executives on Facebook. There’s a lesson in here somewhere—perhaps on social media, perhaps on the tricky decision about who to fire when things aren’t going well.

Checking up on alleged leave abuser? Document why you suspect particular employee

08/06/2010

Do you think some employees may be taking advantage of your paid leave plan? If so, it’s OK to set up a surveillance program to catch the worst offenders. Just make sure you document why a particular employee’s behavior is suspicious. Good reasons to check up include “coincidental” timing like absences clustered around weekends or holidays.

Tell bosses: Accommodation backlash can be retaliation

08/06/2010
One of the most common mistakes employers make is allowing bosses to subtly retaliate. Take, for example, an employee who asks for a religious accommodation. If the request is approved, it may cause scheduling difficulties. Some supervisors may be tempted to get back at the employee for the hassle the accommodations are causing. Don’t let them.

Not all action after complaint is retaliation

08/06/2010
Employees are protected from retaliation for complaining about alleged discrimination. That doesn’t mean, however, that everything negative that happens after a complaint is filed is grounds for a retaliation lawsuit.

Another reason to insist on following rules: Fired scofflaws can’t get unemployment

08/06/2010

Does your organization have strict honesty rules designed to prevent employee theft and fraud? If so, rest assured that you’ll have just cause for firing employees who break those rules. And that means they won’t be eligible for unemployment compensation.