• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

Investigative finger points back at accuser? It’s OK to fire

05/14/2008
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action …

You can require FMLA certification form directly from doctor

05/14/2008
Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified …

If accommodation can’t enable essential functions, termination may be only option

05/14/2008
Being qualified for a job doesn’t mean the person can do it well. And the inability to really execute an essential job function can warrant dismissal, even if the employee claims a disability. Take, for example, a newly hired professor who turns out to have psychological problems that prevent her from teaching class …

Don’t let jury duty force you to defend yourself in court

05/14/2008
Both Illinois and federal laws require employers to let their employees off for jury duty. Additionally, employers may not penalize employees for serving on a jury. No matter how obvious this is, every now and then, employers try to get back at employees who perform their civic duties. It never works …

Think twice before suing your own employee for negligence

05/13/2008
Minnesota employers, take note: Courts don’t take kindly to employers that try to sue their employees for negligence as a counterclaim to a discrimination lawsuit. In fact, Minnesota law requires employers to indemnify employees for costs associated with a lawsuit filed because of the employee’s alleged wrongdoing …

Jury awards $5.8 million verdict for age discrimination

05/12/2008
A former employee of Ernie Haire Ford who claimed the dealership fired him because of his age won a $5.8 million verdict in Hillsborough Circuit Court …

Three-Day FMLA incapacity can span regular days off

05/09/2008
Employees who claim they qualify for FMLA leave because of a short illness have to show that they went to a doctor and were incapacitated for three days. But the three days don’t have to be workdays—they can include days off …

‘No comment’ is best response when reporters call about a firing

05/09/2008
Discharging an employee is stressful to everyone concerned. It can be doubly stressful if the employee held a publicly visible position. Local reporters are likely to call asking for information about why the organization fired the employee. Handling those calls poorly can spell legal trouble …

Noose in the news

05/09/2008
The manager and two employees of a Bay City Lone Star Steakhouse & Saloon were fired after allegedly hanging a noose in view of a black cook. The employees reportedly let the noose hang for four days before taking it down …

Woman awarded $500,000 for sexual harassment, alleged rape

05/07/2008
A woman who was sexually harassed and allegedly raped by a boss at a Quiznos restaurant in Norwich was awarded $500,000 by the state Division of Human Rights …