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Firing

Same manager who hired should do the firing

06/04/2008
Discrimination cases are all about motives. That’s especially true when an employee loses his job and alleges that the real reason for his discharge was racism or some other form of bias. One simple way to deflect discrimination charges is to make sure that the same person who made the termination decision also had a direct hand in either the original hiring decision or subsequent promotions …

Make sure handbook spells out maternity leave terms

06/04/2008

Is your employee handbook clear on exactly what constitutes maternity leave and how long it lasts? If you plan to permit just the 12 weeks allowed for pregnancy and childbirth under the FMLA, spell that out. Don’t refer to maternity leave separately and then provide a different week or month count …

Good-Faith Process—But Not Absolutely Correct Conclusion—Is Enough to Fire Harasser

06/04/2008
When it comes to sexual harassment complaints, you won’t land in legal hot water if you conduct a thorough and fair investigation—even if you reach the wrong conclusion. What matters is that you take the charge seriously, investigate and come to a reasonable conclusion based on the findings …

Violence on the job? OK to base punishment on job classification and severity of offense

06/04/2008
While a zero-tolerance policy for fighting on the job is a good idea, it may not always be necessary. Instead, you can draw a distinction between violent transgressions and mere arguments that escalate into pushing or shoving. You also may want the discretion to punish workers in some categories more harshly than others …

Whether paper or electronic, make sure job applications are legal

06/04/2008
The days of the paper job application may be fading away, but whatever takes the place of paper applications better measure up the same way. Specifically, employers have to understand that online applications can hold more legal land mines than hard copy applications ever did …

You fired worker on FMLA leave? Better have a good reason

06/03/2008
Employers can’t manipulate the FMLA to terminate employees for taking FMLA leave by trumping up charges. As the following case shows, courts grow very suspicious when employers come up with reasons to fire employees who are on FMLA leave. And they often send such cases to trial, leaving employers at the mercy of juries …

Tell supervisors: No stereotyping based on national origin

06/03/2008
It’s important to remind all supervisors to judge employees on their individual merits—and not to indulge stereotypes. As the following case shows, using stereotypes in any critique of job performance may be enough evidence of national origin discrimination to merit a possible jury trial …

There’s pretext, and then there’s not even bothering

06/03/2008
It makes a judge’s job easier when a company just fires workers for complaining, rather than trying to concoct elaborate rationalizations. That’s the tack evidently taken by Pillow Kingdom of Denver …

Now hear this: You’ll pay for firing worker out on health leave

06/03/2008
Colorado Sports and Spine Centers has just agreed to pay $137,500 to settle a discrimination lawsuit brought by the EEOC on behalf of former employee Kristina Siebert. The CSSC fired Siebert after she took time off to be fitted for hearing aids …

Fire away … but be prepared to defend terminations

06/03/2008
Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …