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Firing

It pays to hear both sides of the story before a firing

05/01/2007

If your organization is like many, someone in HR ultimately decides whether to terminate an employee for poor performance based on supervisor recommendations and supporting documents, such as performance reviews. That can spell trouble if there’s more going on than meets the eye ...

Failing to ask for 2nd and 3rd medical certs doesn’t bar later challenge to FMLA eligibility

05/01/2007

Under the FMLA, employers who don’t ask for a second or third certification of an employee’s serious health condition aren’t forever barred from challenging the employee’s condition, as a recent Michigan case shows ...

Tell managers: Keep unsolicited dietary advice to yourself

05/01/2007

Michigan has one of the toughest weight discrimination laws in the country—a law that can trip up supervisors who innocently offer diet tips. It’s crucial to train management staff to recognize that discussion concerning an employee’s weight is off-limits …

Failing to follow call-in rules doesn’t void FMLA claims

05/01/2007

You probably have a policy requiring employees to call in when they need time off to deal with health issues or face termination for abandoning their jobs. But don’t expect your procedure to trump the FMLA …

Turns out, what you don’t say can hurt you

05/01/2007

Boston-based IT services provider Keane Inc. faces a discrimination suit because of what a manager didn’t say when an employee announced she was pregnant with twins …   

Good sense or meddling? Scotts’ no-Smoking policy tested in court

05/01/2007

Marysville-based Scotts Miracle-Gro faces a discrimination suit from a lawn care technician fired last fall after testing positive for nicotine in violation of the company’s tobacco-free workplace policy …

Boot rest: $5. Disability lawsuit: $272,500.

05/01/2007

Chester Hoist, headquartered in Lisbon, will pay $272,000 for discriminating against an inspector who was disabled on the job. …

Workers’ Comp: Ohio’s Top Court Says ‘Tough Luck’ to Safety Slackers

05/01/2007

The Ohio Supreme Court has ruled that employees who fail to follow safety instructions abandon their jobs in doing so and are not covered by workers’ compensation. While this may save employers some workers’ comp dollars in the short-term, it complicates the future of workers’ comp as the exclusive remedy for injured workers …

Hell hath no fury … but $9 million should help

05/01/2007

A female executive told a jury she hit the glass ceiling after her boss created a new position above her and filled it with a male. She filed suit against her employer, an aircraft manufacturer, and was fired shortly afterward …

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …