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Firing

What’s your duty to accommodate domestic violence victims?

01/16/2009

About a dozen states have laws that allow employees to take job-protected leave to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks.

Beware shifting explanations for firing

01/16/2009

If you have to terminate an employee, don’t fall into a trap that can easily lead to a lawsuit. Don’t provide conflicting reasons for the termination or drop one when the employee or the EEOC asks for details.

Suspect FMLA leave shenanigans? Follow the law’s certification requirements

01/16/2009

Sometimes, employees whose vacation requests are turned down try to get time off by producing a doctor’s note. Some even up the ante by trying to claim FMLA leave. If you really believe an employee is trying to pull a fast one, you have two options if you want to avoid possible FMLA interference charges.

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Los Angeles fashion icon to try on lawsuit

01/15/2009

Roberto Hernandez, who used to work in American Apparel’s inventory and IT operation, claims he was fired for refusing to pad the company’s stats at CEO Dov Charney’s request. Now he’s filed suit against the company, alleging wrongful termination, breach of contract, infliction of emotional distress and other charges.

Gulf Beaches librarians allege bias among the bookshelves

01/13/2009

Jan Horah, a former director of the Gulf Beaches Public Library, and Harriet Thompkins, a former assistant director and reference librarian, have threatened lawsuits challenging their terminations. The women, who are black, claim they were terminated abruptly in November in violation of their contracts.

Clamp down on teasing to stop hostile environment suit

01/13/2009

Unless it’s egregious and outrageous (something like a clearly racist epithet or a dangling noose), a one-time derogatory comment likely won’t become the foundation for a hostile environment lawsuit—if you take immediate steps to stop any escalation.

Require those on FMLA leave to call in sick, just like any other employee

01/13/2009

Good news from the 8th Circuit Court of Appeals: If you have a system for employees to call in sick, you can require everyone to use it—even employees on approved intermittent FMLA leave. The trick is to make sure that the employee taking FMLA leave understands she still must call in.

Warn managers: Even years later, acting against whistle-blower can be retaliation

01/13/2009

Genuine whistle-blowers are protected against retaliation under the Minnesota Whistleblower Act even if the retaliation occurs years later. Caution management to avoid any action that smacks of punishing an employee for instigating or cooperating with a criminal investigation of alleged company wrongdoing.

Whistle-blower needs more than hunch employer broke law

01/13/2009

Good news: Employees who claim to be whistle-blowers protected from discharge for complaining about alleged workplace problems under the Minnesota Whistleblower Act have to do more than make general allegations. A true whistle-blower has to show that his claim, if proven, would amount to a violation of a Minnesota law.