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Firing

$46.7 million for manager who blew the whistle on age discrimination

08/11/2008
In the midst of a merger that would make it the second-largest waste collection company in the country, Republic Services Inc., based in Fort Lauderdale, has been ordered to pay $46.7 million for wrongfully firing an employee and doctoring company records to justify its actions …

Tab tops $60,000 in firing of pregnant bartender

08/08/2008
In November 2004, members of the board of Maracci Temple 13 in Detroit called Eronda Garner into a meeting. Garner, a part-time bartender for the Grenadier Lounge, which the temple runs, was pregnant. The board told her she was being let go because it feared tending bar was unsafe for a pregnant woman …

Employee ‘Family & friends’ can now bring EEOC retaliation claims

08/08/2008
Earlier this year, the U. S. 6th Circuit Court of Appeals, whose decisions apply to Michigan employers, expanded the coverage of Title VII of the Civil Rights Act of 1964’s anti-retaliation provision when it held that the fiancé of an employee who made a complaint to the EEOC could bring a retaliation action when he was discharged by the employer …

Backup firing rationale to beat discrimination claims

08/06/2008
Smart employers don’t leave anything to chance when it’s time to fire someone—especially when the employee facing termination thinks he might have a discrimination claim. Instead of taking a chance that something said during the termination meeting will be misinterpreted, they make sure the meeting includes at least two company representatives …

Caution! Micromanagers may be lightning rods for lawsuits

08/06/2008
Some supervisors who micromanage tend to focus on one or two troublesome employees. If those employees belong to a protected class, watch out! Here’s how such cases wind up in court …

Remind managers and supervisors: We welcome complaints!

08/06/2008
The best way to avoid employment discrimination lawsuits: Make sure managers encourage employees to come forward with their concerns and complaints. Doing so shows that the company takes discrimination seriously, allows it to fix genuine problems fast and cuts the risk of a lawsuit down the line …

You’re justified in firing employee you reasonably believe committed ‘Leave fraud’

08/06/2008
Here’s a surprisingly common situation that presents what looks like a no-win situation for employers: A worker with a high-pressure job and a heavy workload asks for FMLA and short-term disability leave for various minor health problems. The company approves the leave, expecting the employee back after 12 weeks …

Employees fighting? Punish everyone equitably—or be prepared to explain why not

08/06/2008
If a fight breaks out at work, make sure you punish everyone involved in the incident according to his or her level of involvement. Don’t terminate one employee and suspend the other unless you have a very good reason for the different treatment …

Don’t let complaint interfere with legitimate discipline

08/05/2008
Sometimes, employees who know they are in trouble will file a discrimination complaint as a pre-emptive strike. They assume their employers will worry that a court might see any further disciplinary action as retaliation. Don’t be intimidated by this tactic! …

Keep details of discrimination settlements confidential

08/05/2008
Is your HR office involved in settling discrimination complaints? If so, consider including confidentiality clauses as part of any settlement if the employee is going to stay onboard. Then shield the employee’s supervisors from any details of the settlement. Here’s why: Any subsequent discipline—especially if it comes close on the heels of the settlement—may be grounds for a retaliation lawsuit …