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Firing

What should you do if an employee gets arrested?

04/01/2007

It’s Monday morning, the coffee has yet to be brewed and already a huge problem has dropped onto your desk. An employee left a voice mail saying he has been arrested. He doesn’t say what happened, but the very next message is from a local newspaper reporter asking for details about the employee’s work history …

Worker fails to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? — T.B., Tennessee

Are certain industries exempt from the FMLA?

04/01/2007

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

New York’s disability law is far more lenient than ADA

04/01/2007

New York employers, beware: The state law that protects employees from disability discrimination covers more ailments and impairments than the federal ADA …

Want to project ‘Younger’ image? Beware age-Bias risks

04/01/2007

If your organization aims to attract a younger, more hip clientele, watch how you convey that idea to employees who don’t fit your target demographic …

Can porn surfing be a ‘disability’? Lessons from the IBM case

04/01/2007

When employees use their work computers for inappropriate purposes, such as scouring the Internet for pornography, interacting with minors for sexual purposes or transmitting pornographic images, they violate the law and put their employers at risk …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

Former HR exec wins $9 million in gender-Bias lawsuit

04/01/2007

Curtiss-Wright Corporation was ordered to pay $9 million to former HR exec Joyce Quinlan after a Newark Superior Court jury found that the company denied her promotions because of her gender and then fired her when she filed a complaint …

The fine line between humor and harassment in Passaic County

04/01/2007

How do you know where to draw the line between workplace humor and harassment? The answer: You don’t get to make that choice. Harassment, like beauty, is in the eye of the beholder. And it begins when somebody decides they’ve had enough of the “jokes” …

Investigating EEOC complaint? You’re protected from retaliation, too

04/01/2007

If you’ve ever worried that participation in the internal investigation of an EEOC complaint might land you in trouble, you can take some comfort in a recent federal appeals court decision …