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Firing

Spell out FMLA intermittent leave timing in handbook—or risk a million-dollar mistake

03/30/2009

The 4th Circuit Court of Appeals has upheld a verdict of more than $1 million in an FMLA intermittent leave case involving a foreign adoption. The sad fact is that the employer could have avoided the entire problem by studying up on intermittent leave and adoption.

Elected officials can fire holdover appointees

03/26/2009

A newly elected official may want to terminate those employees politically tied to his predecessor—and he often may ask HR how to handle the firings. Because such cases can be close calls, always refer the matter to experienced legal counsel.

Remind bosses: Don’t discuss reason for firing with others

03/26/2009

Sometimes, employees who’ve been terminated go looking for an excuse to sue. And when something as simple as an offhand conversation gets back to the former employee through the grapevine, it could fan flames that turn into a defamation lawsuit.

Murphy Ford created self-fulfilling Murphy’s Law

03/26/2009

Murphy Ford of Chester will pay $244,000 to settle sexual harassment complaints from three female employees. According to a complaint filed with the EEOC, the women complained to management about the dealership’s service manager who used to grab his private parts and make sexually explicit comments.

DITO DITA … Do It To One. Do It To All

03/24/2009

Do you sometimes let employees bend company policy … just a little? It’s really no big deal, right? A new court ruling warns that if you start bending a policy for one, you’d better be ready to bend it for all. Being flexible can sometimes be fatal.

Zero tolerance for tardiness: Legal but unwise

03/24/2009

Q. Our company’s owner is tired of tardiness and has instituted a new rule that says anyone who is tardy will be fired, no matter the reason. Recently, some people were tardy during a snowstorm when their train could not make it on time. We were told to fire them. What do you think?

Make solid case for axing good but toxic worker

03/20/2009

Sometimes, an employee is so disruptive that it doesn’t matter how well she is performing her job. Constant arguments, tension and other elements of a personality conflict can poison the work environment and drag down other employees’ performance. She’s got to go!

No-contest plea no bar to school employment

03/20/2009

If a defendant pleads nolo contendere, the criminal court system treats that as a conviction, even though a nolo contendere plea means the person neither contests the charges nor admits they are true. But then there’s the quirky realm of school employment, in which a wrinkle in the legislation governing who may work at schools means a no-contest plea isn’t necessarily a conviction.

Employees can’t count on free attorney in most cases

03/20/2009

Sometimes, employees who want to sue their employers don’t have the cash for up-front fees lawyers demand. If the employee has little money, she may ask the court to find free legal representation. But that will work only if she’s already looked hard for an attorney herself—and the EEOC or another agency has concluded her case has merit.

Lawyer fired for appraisal sues for wrongful discharge

03/20/2009

A former lawyer at Skadden Arps Slate Meagher & Flom LLP has filed a lawsuit against the law firm for terminating his employment after he wrote a performance evaluation that criticized another associate and partner.