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Firing

Use peer-Review process to assess subjective qualities—And justify discipline

04/14/2008
Whether dealing with clients or co-workers, an abrasive, rude and arrogant employee can spell big trouble. The problem, of course, is measuring something as subjective as likeability or abrasiveness. One possible way: Use a peer-review process to gather relevant information and a consensus on how well employees get along with others …

Make common sense the driving force of your business

04/10/2008
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Watch what you say during termination deliberation

04/10/2008
Words are easy to misconstrue. Depending on who’s listening, the same sentence could mean at least two different things. This is one of the things that keeps lawyers employed. It’s also the reason it’s crucial to prepare accurate notes about any meeting in which managers are discussing whether to terminate …

Run sales commission language by counsel to avoid needless litigation

04/10/2008
Employees who work on a commission basis and are fired often look to their compensation agreements to find any possible way they can claim additional commissions. Their first stop after the unemployment office is often an attorney, who will go over the compensation agreement with a fine-toothed comb to see whether there is more money to be had …

Pigeonholing employees’ race can be tricky … and risky

04/09/2008
Exactly what is race? And who is a member of a protected class based on race? Does the color of one’s skin count more than the country of origin? Those are some of the questions a federal appeals court recently tackled …

Don’t fear informal ADA accommodation: You can still challenge disability later

04/09/2008
Most employers start thinking about possible ADA accommodations right away, before they are sure that the affected employees are actually disabled. That’s fine and won’t mean the employers can’t require medical proof later. Agreeing to accommodate is not the same as admitting the employee is disabled …

Beware firing after worker calls hotline

04/09/2008
If an employee calls the company discrimination hotline to report alleged wrongdoing while you are in the process of disciplining her, think twice before you fire her. Make certain your underlying reasons are rock-solid. Otherwise, you risk an immediate retaliation lawsuit …

Man loses sexual harassment suit against DHS

04/09/2008
A federal jury rejected a sexual harassment lawsuit filed against the Illinois Department of Human Services (DHS) by Carlos Estes, a former employee who claimed he was fired for refusing his boss’s sexual advances …

Spa manager’s personal style rubbed staff the wrong way

04/09/2008
Lisa Cristia worked as a massage therapist and later as a department manager for Red Door Spa in Chicago. She was fired for breaching the company’s rules of conduct, including using her position as a manager to coerce and harass employees. Cristia sued, alleging disability discrimination …

Are noncompetes enforceable on employees who have been fired?

04/09/2008
Q. In Illinois, do noncompete agreements apply even when someone is terminated, as opposed to resigning? …