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Firing

DNR chief hits the trail

10/14/2008

Col. Mike Hamm, head of the Minnesota Department of Natural Resources (DNR) Enforcement Division, retired in September amid speculation that he was about to be fired …

Obesity discrimination is common — and against the law

10/10/2008

A recent study by Michigan State University and Hope College found that employers perceive overweight workers as lazier, more emotionally unstable and harder to get along with than their “normal weight” counterparts.

State agencies grapple with personnel moves to meet budget

10/08/2008

State department heads have taken different approaches to achieve the $2 billion in budget cuts mandated by Gov. Rod Blagojevich for this fiscal year. The Department of Children and Family Services cut 179 positions and planned to transfer 127 workers to vacant spots in more-urgent areas …

If you violate FMLA, prepare to pay employee’s attorneys’ fees, too

10/08/2008

Here’s another reason to train everyone on the intricacies of the FMLA: Employees who win even a small amount of damages in FMLA interference cases automatically get their attorneys’ fees paid by their employer. And that can add up to
big bucks …

Retaliation can happen even in flimsy harassment case

10/08/2008

Employees don’t have to win their sexual harassment claims to prove retaliation. They merely have to show they were concerned that they might have experienced harassment …

Court tosses suit against state’s attorney for hiring interference

10/08/2008

A federal court has tossed out a lawsuit alleging that a government agency unconstitutionally interfered in another agency’s hiring and firing practices …

Minutes—not just hours—count when figuring FMLA eligibility

10/08/2008

When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?
The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year …

Termination for viewing child porn

10/08/2008

Q. Our company has a strict Internet-use policy. During the course of routine computer maintenance and observation, our third-party IT provider advised us that one of our employees had been viewing child pornography in violation of our policy. We immediately terminated that employee. Is there anything else we should do regarding this employee’s violation of our company’s policy? …

Rely on doctor’s orders when making ADA call

10/07/2008

Under the ADA, employees who aren’t actually disabled can nonetheless sue employers if the employers erroneously perceive them to be disabled. But there’s good news on this arcane ADA front …

Muslim workers at JBS Swift walk out over prayer breaks

10/07/2008

More than 200 Muslim workers walked out of the Greeley plant of meat processor JBS Swift & Co. in September to protest the company’s refusal to allow prayer breaks at sunset, a required ritual during the Muslim holy month of Ramadan. More than 100 were fired for walking off the job and not returning …