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Firing

Partial blindness may not be an ADA disability

11/01/2007

The ADA doesn’t cover all disabilities—only those that substantially impair a major life function. There are many conditions, though serious, that don’t qualify as ADA disabilities. One of those is partial blindness. As the following case shows, unless poor eyesight affects important aspects of daily life, it’s not a protected disability …

‘Name, rank and serial number’ still best bet for references

11/01/2007

The old adage “If you can’t say anything nice, don’t say anything at all” seems perfectly suited to employer-supplied references. If an employee is fired or quits in lieu of being fired, it’s a safe bet she will look for another job. It’s also a safe bet that her prospective employer will want to know what type of employee it may be getting. Don’t be in a rush to provide more than basic information for any former employee …

No harm in accommodating, even without official ADA disability determination

11/01/2007

The ADA is a tricky law. Not only is it illegal to discriminate against applicants and employees with disabilities, but it’s illegal to perceive as disabled those who actually aren’t. It’s no wonder many employers fear that making accommodations might backfire. So they put off agreeing to accommodations and wait until they’re sure an employee really is disabled. But that’s the wrong response …

FMLA doesn’t require damages if employee can’t work

11/01/2007

Even if an employee has been wronged because his employer denied FMLA leave he was entitled to take, he still can’t just sit around and expect the employer to pay him until retirement age. He must make efforts to mitigate his losses by seeking out work that fits his medical restrictions …

Get input from several managers before firing problem worker

11/01/2007

If you have long-term employees whose performances are deteriorating, step carefully. Their long histories with the company could mean you’ll have a hard time justifying terminations even in light of poor performances. Instead of jumping the gun and firing immediately, take your time. In fact, it may be a good idea to allow more than one supervisor to witness each declining employee performance up close …

Time to care for adult children limited to ADA disabilities

11/01/2007

The FMLA provides employees with up to 12 weeks off to care for a child suffering from a serious health condition. But when the child is an adult, the rules change, making it much harder for employees to qualify for leave. Here’s why: FMLA regulations say that FMLA leave for children older than 18 is available only if the child is disabled under the definition in the ADA …

When whistle-Blowing is involved, discharge reasons must be rock-Solid

11/01/2007

he Michigan Whistleblowers’ Protection Act protects employees who report suspected wrongdoing to public authorities from retaliation. An employer that knows an employee has reported alleged wrongdoing must take special care when disciplining or discharging that employee. Unless you have an absolutely legitimate business reason for your action, the timing makes the decision suspect and will most likely lead to a jury trial …

Insist employees follow to the letter Michigan Employee Right to Know Act terms

11/01/2007

Michigan employees are entitled to look at their personnel files, and the Michigan Employee Right to Know Act sets out the procedure and penalties for employers that don’t allow access. Employees can sue for attorneys’ fees if their employers refuse access, provided they follow the rules. As the following case shows, courts take that requirement literally …

With proof in the underpants, pink slip is in the mail

11/01/2007

The Michigan State Police fired a Lansing forensic scientist who tested her husband’s underwear for DNA to see if he was cheating. Asked during her divorce hearing what she found, the scientist said, “Another female. It wasn’t me.” …

Short deliberation = big award in Detroit whistle-Blower case

11/01/2007

A Wayne County jury took just one hour to review three weeks of testimony before awarding $6.5 million to two former police officers who blew the whistle on corrupt city practices under Detroit Mayor Kwame Kilpatrick …