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Firing

Memo to managers: Don’t embellish reason why employee was terminated

02/24/2009

Tell managers and supervisors not to embellish the reasons for discharging an employee. If they do, they risk the potential for a defamation lawsuit. That may be true even if the former employee is compelled to repeat the allegedly false information.

Cal State Fresno settles coach’s bias claim for $5.2 million

02/24/2009

California State University Fresno has settled a suit brought by a female former volleyball coach who accused the school of sex discrimination. The settlement was reached 18 months after a California Superior Court jury returned a $5.85 million verdict in the favor of Lindy Vivas …

What should we do about a disgruntled worker who disparages us on the web?

02/24/2009

Q. One of my employees has created his own web site. Recently, he has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire the worker for this conduct?

Don’t sweat EEOC complaint after discipline if you can prove process was fair

02/24/2009

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

Forget FMLA absences when rating employee attendance

02/24/2009

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.

When FMLA leave is denied, damages can add up fast

02/24/2009

Here’s a lesson to pass on to managers and supervisors: Employees who win FMLA lawsuits after being denied the right to take leave can end up with a large pot of gold at the end of the litigation—a pot that has to be filled by the company.

Management company pays big for pregnancy discrimination

02/24/2009

Carole Smith, who worked for property management firm Normandy Properties, sued the company for pregnancy discrimination, and a jury awarded her $600,000 in compensatory damages. Then it assessed the company $1.2 million in punitive damages.

Record number of employers dispute unemployment claims

02/19/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts. The rise in challenges can be pegged to more employers citing misconduct as the reason for terminations.

Sleeping in peace: Can employee claim that video of his on-duty nap violates his privacy?

02/19/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took a high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

Must you offer FMLA for ‘possibility’ of serious illness?

02/19/2009

Don’t be so quick to pull out the “request denied” stamp when employees want to use FMLA leave to determine whether they have a qualifying “serious condition.” As a new court ruling shows, if an employee simply thinks she has a serious condition, she may take FMLA leave to have it checked out.