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Firing

Tell bosses: Check anti-military bias at door

08/07/2009

Employers must deal with employees being called to military service, even if that forces them to do more work with fewer people during the current economic crunch. The Uniformed Services Employment and Reemployment Rights Act and the FMLA grant special rights to employees who also serve in the armed forces. Some managers may resent the burden the laws cause. Too bad.

Check severity of harassment allegations when facing hostile environment claim

08/07/2009

Fortunately, courts don’t have the time or inclination to guarantee that every workplace is free of irritations or minor problems. Those can include what some employees may interpret as sexual harassment. One relatively innocuous pass isn’t usually enough for an employer to lose a case in court.

Solid discharge reason trumps retaliation claim

08/07/2009

When an employee is discharged shortly after returning from FMLA leave, she may charge retaliation. The timing alone may be enough to send the case to trial. If an employer has a solid reason for the firing, however, it can win.

Downside of providing a recommendation on an employee’s social media page?

08/07/2009

Q. An employee has asked me, as his direct supervisor, to provide him a recommendation on his LinkedIn page. He’s a good employee and I don’t see any harm in granting his request. Are there any risks?

Compare disciplinary records before firing

08/04/2009

Employers know they are not supposed to discriminate against employees based on protected characteristics such as race, age or sex. But HR can’t be everywhere, and in large organizations, it may be hard to monitor equal treatment. A centralized discipline-tracking system can help you check for possible hidden discrimination by comparing proposed discipline against past discipline.

Feel free to let the punishment fit the ‘crime’ when disciplining for off-duty conduct

08/04/2009

Many employers have rules that prohibit off-duty conduct that may reflect negatively on the company. But even with such policies, it’s tricky to discipline employees for the things they do on their own time away from the workplace. In fact, you’re free to use discretion in deciding whether an employee should be warned, suspended or terminated.

You don’t have to accept employee’s offer to submit to a lie detector test

08/04/2009

An employee facing discipline may bristle if you choose to believe someone else’s version of what happened instead of his own. He may even offer to take a lie detector test to prove what he’s saying is true. You don’t have to accept that offer.

Galveston nurse sues hospital; claims firing was race based

08/04/2009

A Galveston County registered nurse is suing the University of Texas Medical Branch, arguing that she was discharged from her job because of her race.

What’s a bad firing cost? For one company, $4 billion

07/28/2009

Yes, you read right. Four billion dollars. Billion—with a “B”! A California superior court recently confirmed an award of $4.1 billion against a Chinese company, its U.S. affiliate and its founder after an arbitrator found them liable in a compensation dispute with a former executive.

Punish employee if you uncover poor work during FMLA leave

07/27/2009

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.