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Firing

Former boss’s good reviews don’t prove new boss’s bias

07/27/2009

When a new boss suddenly gives a lousy performance review to an employee who is used to getting good reviews, the employee may try to blame the change on the new supervisor’s alleged bias. Absent other evidence, that won’t prove discrimination in court.

A matter of policy: Doing 4 things right helps win lawsuits

07/27/2009

It’s a mantra that can’t be repeated too often: Develop a policy, communicate it to your employees, investigate when you learn of possible infractions and, if wrongdoing did occur, punish those who violated the policy. It’s refreshing to report on an employer that did everything right and emerged victorious from court.

Know what’s free speech, insubordination

07/24/2009

Employees who work for government agencies have a few additional rights that privately employed workers don’t enjoy. One is the right to speak out on matters of public importance. That right, however, is quite limited. Even so, some public employees think they can say anything about their supervisors and not be disciplined. That just isn’t so.

Phillies vs. Mets: At least this time, home fan disappointed

07/24/2009

When the New York Mets play in Philadelphia, they stay at the Westin Philadelphia in Center City. In August 2007, John Dunlap was staffing the hotel’s front door when he attempted to move the ropes back to make more room for the entering ball players. That’s when a New York fan cursed at him—and that’s where the trouble began …

Fight harassment with ‘no sex talk’ policy

07/20/2009

For years, employers have grappled with what sexual harassment is and what it isn’t. Lost in the debate is the fact that a workplace is just that—a place where work is supposed to be done. Here’s a good way to end the arguments about what is sexual harassment and prevent potential problems down the line: Implement a policy that clearly bans sexual banter.

Separate the ‘conduct’ from the disability

07/20/2009

Some disabled employees have the mistaken notion that their disabilities give them a pass that excuses unacceptable behavior. However, there’s no duty to accommodate what is essentially conduct. For example, employers don’t have to tolerate an alcoholic who shows up at work disheveled and reeking of alcohol or someone with a mental disorder who threatens to harm co-workers.

Handle accuser with care in whistle-blowing cases

07/20/2009

Illinois law doesn’t allow employers to fire employees for reporting wrongdoing that compromises public policy. What that means is open to interpretation …

A good deed punished: Voluntary FMLA leave can become a mandate

07/20/2009

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

Check employment agreements for commission cutoffs

07/17/2009

Here’s a good idea if you are reviewing employment agreements that spell out how you pay commissions: Be sure to specify that the end of employment means the end of commissions.

No evaluations? You could be called ‘Out!’

07/17/2009

The recession has put the brakes on pay raises in many workplaces. But too many employers have halted performance reviews at the same time. That’s a major mistake. Reason: Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce evaluations that back up your stated termination reasons.