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Firing

Problem employee—and she hasn’t even started!

09/02/2008
Q. We just hired a new employee, but there were problems even before she started. She delayed her start date and provided an excuse. I called her former employer and learned she had lied to me about her prior salary and about her departure date from that employer. If I had known the truth, I doubt I would have hired her. Now the fact that I know she lied to me even before she started work leaves me with the conclusion that I can’t trust her. Can I fire her even before she starts? …

Differing male and female grooming standards may signal opening for religious accommodation

08/27/2008
Some religions prohibit men from cutting their hair. That can conflict with company grooming standards that set different limits on how long male and female employees may wear their hair. Generally, courts allow such differences … Even so, a man whose religion says he cannot cut his hair may have a religious discrimination case.

Pittsburgh scientist says government axed him for speaking his mind

08/27/2008
Abdel Moniem Ali El-Ganayni, a nuclear physicist, has filed a lawsuit against the U.S. Department of Energy (DOE), claiming it revoked his security clearance and fired him because of his ethnicity, his Muslim faith and his criticism of the war in Iraq …

Ex-Worker charged in killings was upset about a reprimand

08/27/2008
Robert Diamond, the fired worker charged with killing two employees at Simon & Schuster’s distribution center in Bristol on Aug. 1, said he had been harassed by co-workers and was upset about being reprimanded in March for calling a black co-worker “boy.” …

Sorry, no take-Backs on FMLA

08/26/2008
In July 2001, Steven Peters joined Gilead Sciences, a California-based pharmaceutical company, as a therapeutic specialist. In December 2002, Peters took leave under the FMLA for surgery. He took a second leave in March 2003. On April 25, the company sent a letter to Peters, saying that because he held a “key” position the company could not keep open, he had been replaced …

Has accusatory pizza man made his final delivery?

08/26/2008
Two men went to a Papa John’s in Westfield to pick up a pizza. After they left the store, delivery driver Kelly Tharp told co-workers that one of the men had pulled out a gun. Tharp repeated his story to local police, describing the men’s car and offering a license plate number. The men sued Papa John’s for defamation, negligent hiring and related claims …

Is it legal to discipline an employee for tardiness by suspending her without pay?

08/26/2008
Q. I work in HR at a customer call-in center. To make sure we have enough coverage to handle calls, we have a strict tardiness policy. Recently, one of our customer service agents was late for work several days in a row. She is an otherwise outstanding performer and we don’t want to fire her. In the alternative, we would like to suspend her for one week without pay. Is that legal? …

Discharging employee after FMLA leave expires may be retaliation

08/25/2008
Eligible employees are entitled to up to 12 weeks of FMLA leave per year and are guaranteed their jobs back (or equivalent ones) if they return at the end of that leave. That means you can terminate at the end of 12 weeks, right? Maybe not …

Editor tries to stop presses on alleged retaliation

08/25/2008
Silvina Barboza served as editor of Latinos Unidos, a Spanish language newspaper owned by Greater Media Newspapers (GMN) in Freehold. Early in 2005, Barboza was diagnosed with obesity and scheduled for gastric bypass surgery in December. When management learned of her plans, GMN terminated her …

Employees win right to sue for employer post-Employment conduct

08/25/2008
Employers that think their liability ends when a terminated employee walks out the door better think again. A recent New Jersey case expanded employees’ rights to sue employers for post-termination nonemployment-related conduct. In the wake of the decision, courts may construe common employer acts as retaliation …