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Firing

Watch what you say about termination

07/03/2008
It’s crucial to prepare accurate notes about any meeting in which managers are discussing whether to terminate someone. Otherwise, a jury might hear a simple question like, “Can we get in legal hot water for firing someone on disability leave?” as “Let’s find a way to get rid of her!” …

Audit demographics to spot problems before anyone sues

07/02/2008
Sometimes it’s hard to spot employment discrimination problems even when they’re right under your nose. Consider, for example, age discrimination. Audit your hiring and firing records for the past few years. If the people your organization has let go are older on average than those you have hired or retained, chances are there is an age discrimination claim lurking in your HR records …

Need an incentive to settle? How about lower attorneys’ fees?

07/02/2008
Don’t let emotion get in the way of settling a case early on if it looks like the company may be liable. Dragging out the inevitable accomplishes just two things—neither of them good: (1) It adds to the fees you have to pay your own attorneys and (2) the fees you also may end up paying for the other side’s attorneys …

Nassau County SPCA faces sexual harassment suits

07/02/2008
Susan Collison of Massapequa, a former volunteer investigative sergeant with the Nassau County Society for the Prevention of Cruelty to Animals (SPCA), is suing the society, the county and its leadership for sexual harassment, gender discrimination and retaliation … 

Lack of ‘Potty parity’ can spark discrimination claim

07/01/2008

It may sound trivial, but employers in male-dominated industries should take note: Make sure your female employees have access to equal restroom facilities that meet women’s needs. Don’t expect women to adopt male restroom habits. 

Deflecting cupid’s arrow: Should you even try to prevent interoffice dating?

07/01/2008
Office romances may start off hot, but they can quickly cool down into disputes, hard feelings and even lawsuits. Don’t put a complete ban on romantic relationships between any co-workers. It’s unrealistic and impossible to police. Instead, prohibit dating between employees who report directly to one another …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

Bad behavior was the kiss of death for Passaic employee

07/01/2008
Janice Keels joined the Passaic municipal payroll as a judiciary clerk in 1999. Almost immediately, her supervisor noted that she had poor interpersonal skills. For example, Keels complained in May 2000 about a co-worker, saying she would hit her if she had to, and repeating, “I’ll hit her” …