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Firing

Can employees plead the Fifth Amendment during an investigative interview?

12/18/2008

Q. Our company recently discovered some theft in our operation. We called an employee in for an investigative interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the Fifth Amendment. What are our choices?

No charges, but woman loses 2 jobs after bridge collapse

12/15/2008

Ramsey County prosecutors declined to file felony theft charges against Sonia Pitt, former director of homeland security and emergency management at the Minnesota Department of Transportation, finding her conduct in the wake of the deadly I-35W bridge collapse objectionable, but not criminal.

Ferret out bias: Ask supervisor whether he’s reported all similar incidents

12/12/2008

You probably rely on your supervisors and managers to give you all the relevant information before you make a disciplinary decision. But what if they don’t? If you don’t ask the right questions, you may inadvertently approve what ends up being a discriminatory action.

Public employers: Consider rights before axing protesters

12/12/2008

The relationship between government entities and their employees can get contentious. Sometimes, those employees may even protest what they perceive as poor public policy choices on the part of their employers. As long as employees follow all the rules and protest or speak out on their own time, don’t respond angrily and punish them.

Cut your risk! Have HR make firing decisions

12/11/2008

Here’s another good reason to insist that HR handle all terminations: It’s much harder for employees to sue the company for its supervisors’ alleged harassment or discrimination if the HR office has primary responsibility for discharge decisions. Here’s why …

Beware reverse discrimination risk of overly aggressive minority recruiting

12/11/2008

It goes without saying that employers shouldn’t discriminate based on race, age, sex or other protected characteristics. But favoring people based on those protected characteristics can lead to another problem—reverse discrimination.

Former Cook County prosecutor files discrimination suit

12/11/2008

Christine Opp, a former assistant state’s attorney for Cook County, has filed a lawsuit claiming that she was fired because of her age and political leanings.

Check the medical documentation: FMLA doesn’t automatically apply to ER visits

12/09/2008

You don’t need to give employees FMLA leave just because they have a discharge sheet from a hospital emergency room. The real question is whether the medical condition that prompted them to visit the ER was a serious health condition.

Remind managers: Comments about weight can trigger harassment complaints

12/09/2008

When people lose their jobs, they often look for some reason other than their own poor performance. And since they are off work, they have lots of time to think about the past, including real or imagined slights they endured at the hands of co-workers and supervisors.

Log all discipline, track it by type & offense

12/09/2008

It goes without saying that you should enforce your rules fairly. That’s why you must track every disciplinary action and make a clear record of why each employee earned his discipline. Later, when one of those employees claims the real reason he was fired was due to age, sex or some other protected classification, you can show that wasn’t the case.