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Firing

Insist all harassment allegations go to HR for review

06/12/2008
Nothing will cause trouble faster than a manager or supervisor who doesn’t report a subordinate’s alleged harassment. If no one reports the problem, it may resurface later—for example, after the employee has been discharged for valid reasons …

Michigan religious employers have ‘Ministerial exception’

06/12/2008
A Michigan appeals court has ruled that religious employers have the right to make some employment decisions based on a constitutional “ministerial exception.” Essentially, employees hired to carry out an institution’s religious mission can’t sue under civil discrimination laws …

Retain supervisors’ notes, just in case discrimination rears head years later

06/12/2008
Managers often don’t realize how important it is to keep notes and other records for a long time, even after an employee has quit. Remind them that employees have up to three years to sue under the Elliott-Larsen Civil Rights Act (ELCRA) …

Warn managers and supervisors: You may be personally liable for discrimination!

06/12/2008
Now is a good time to remind management that the Elliott-Larsen Civil Rights Act (ELCRA) holds managers and supervisors personally liable for any violations. That means their personal assets are on the line if an employee wins a discrimination lawsuit …

House passes off-Duty activities bill

06/12/2008
In a vote split along party lines, the Michigan House of Representatives passed legislation that would prohibit employers from firing or refusing to hire workers because they engage in legal off-duty activities such as smoking …

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …

Beware new trend: Courts increasingly cut slack for vets

06/11/2008
More and more former service members are using the benefits Congress provided when it passed USERRA. In a recent decision, the 7th Circuit Court of Appeals excused a former service member from even the most minimal of requirements before filing suit. That case is clearly part of a trend, one that may lead to more litigation for organizations that employ veterans …

Don’t go anywhere near a Dumpster in Peoria!

06/11/2008
Andrew Smith worked in Peoria as a garbage truck driver for Waste Management of Illinois. On March 4, 2003, he backed out of a driveway and hit another vehicle. On March 21, he hit a gas meter while moving a waste container. On April 7, the hook on his truck snared the hood of another vehicle. On July 7, he snagged an overhead wire while lifting a container over the cab of his truck …

Did serial harasser fare better than the victim at DHS?

06/11/2008
Jacqueline Smith worked as a server in the Illinois Department of Human Services (DHS) John J. Madden Mental Health Center from 2000 to 2004. In September 2003, a co-worker, Eddie Spivey, allegedly called Smith a sexually explicit name while their supervisor, Bella Ynares, was present …

State worker claims he was fired for airing dirty political laundry

06/11/2008
Matthew Magalis sued the Illinois Department of Human Services (DHS) and the Civil Service Commission (CSC), claiming he was fired for reporting corruption. Magalis admitted that in October 2006, he gave the Chicago Tribune a report about a co-worker doing political work on state time for Gov. Rod Blagojevich …