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Firing

Headmaster gets nearly $1 million in retaliation case settlement

12/08/2008

Lake Ridge Academy in North Ridgeville agreed to pay $950,000 after a federal jury found that it fired James Whiteman in retaliation for expressing concerns about possible pay inequities at the private school.

Bias charge threatened? Beware retaliation

12/04/2008

Employees are protected from retaliation for filing discrimination claims such as a complaint with the EEOC or the DOL. That protection starts as soon as the employee lets someone in authority at the company know he’s going to contact the agency.

Document absences, and excuses, too

12/04/2008

One of the best ways to win lawsuits at the earliest stages is to have ready a treasure trove of documents showing your decision about an employee was fair, impartial and reasonable. For example, for employees with absenteeism problems, document every absence.

Choose your words carefully to avoid ‘accidental contracts’

12/04/2008

Most employment contracts are written documents prepared with the assistance of an attorney. However, an employment contract can be oral, written, or partially oral and partially written. If an employer isn’t careful, it’s easy to unknowingly enter into an employment contract with an employee.

What is ‘blacklisting’?

12/04/2008

Q. What can or can’t we say about a lousy former employee?

Your rules can protect against retaliation—make sure managers follow them

12/04/2008

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.

Track managers’ deviation from rules to ensure there’s no hidden discrimination

12/04/2008

Here’s a problem you might never see coming: A supervisor who harbors resentment against a subordinate because of her protected classification decides to hold her to the letter of the law when it comes to a benefit such as FMLA leave. Meanwhile, other employees get preferential treatment, such as additional unpaid leave after their FMLA leave expires …

Temporary disability leave over? Carefully handle employee’s return to work

12/04/2008

An employee who has been on temporary disability leave and whose leave is about to expire may be eligible for reasonable accommodations under the ADA. A smart employer will try to ease the return process by proposing a solid return date to the employee and inviting him to contact the company with any questions or concerns.

At-will employment remains alive and well in Pennsylvania

12/04/2008

Employees and their lawyers are always trying to find new ways to expand the claims they can make against employers. They try novel approaches to try to sweeten the recovery pot, as the following case shows.

UPS driver sues over dreads

12/04/2008

Nieland Bynoe was hired as a driver for UPS Freight in 2007. He hadn’t even made it through orientation, however, before he was fired for refusing to shave his beard and cut off his dreadlocks … The EEOC has sued on his behalf.