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Firing

To bury age discrimination, track decision-makers’ ages, too

07/01/2007

As the population gets older, age discrimination cases are sure to become more commonplace. Some tried-and-true administrative processes can discourage those claims …

Don’t delay termination notice if you’re confident you’re right

07/01/2007

If you can justify a decision to terminate an employee — even one with a disability or who is on FMLA leave — don’t wait. Just do it …

You can prohibit uncivil language as well as obviously offensive speech

07/01/2007

One person’s good-natured pet name may be another’s racist comment. You can — and should — create an anti-harassment policy …

Good faith and bad references

07/01/2007

Q. How do I give a reference for a worker I had to fire?

National security trumps national-Origin claims

07/01/2007

Even in a post-Sept. 11, 2001, environment, employers know they can’t use national origin or religion as an excuse to discharge or refuse to hire employees.

When same manager hires and fires, it’s unlikely to be discrimination

07/01/2007

The New York Human Rights Law, like Title VII of the federal Civil Rights Act, makes it illegal to fire an employee because of his or her race. Both laws also recognize that it’s unlikely that a manager who is aware of an employee’s race when hiring would turn around and fire the same employee because of race …

To be safe, always double-Check supervisor’s allegations

07/01/2007

When it comes to discharging an employee, be careful not to simply accept a supervisor’s opinion of the employee’s performance. If the supervisor is effectively hiding an underlying problem with persons belonging to a protected class and you don’t check for yourself whether the employee deserves to lose the job, you may end up costing the company money …

Injured worker? Proceed with unemployment case

07/01/2007

An employee who is injured at work is generally eligible for workers’ compensation benefits. But if you know the employee has engaged in misconduct that would make him or her ineligible for unemployment compensation, you can discharge the employee anyway and avoid paying both kinds of benefits …

Woman claims she lost job because of AIDS, seeks over $1 million

07/01/2007

A Plant City woman has filed suit against 5-D Tropical, a Tampa fish farmer and importer, for AIDS discrimination …

Jury awards $160,000 for retaliation

07/01/2007

The South Florida Water Management District will pay $160,000 for firing an employee who complained of discrimination. The employee had a 31-year record of good reviews with the district until a new supervisor took over …