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Firing

FMLA may require reinstatement, even with work restrictions

03/01/2007

The FMLA lets qualified employees take up to 12 weeks of unpaid medical leave each year if suffering from a serious illness. The law also entitles them to reinstatement to the same or an equivalent job when they return. But what if the employee has a lingering work restriction, such as a temporary lifting limit?…

A case study in how NOT to handle ‘Frivolous’ complaints

03/01/2007

You and the supervisors at your organization may already know how to handle a sexual harassment complaint that appears genuine. But what should you do when you seriously doubt that a claim is legit? …

What should you do when an employee gets arrested

03/01/2007

You’re driving into work and hear a radio report about a late-night accident caused by an alleged drunk driver. The driver is behind bars. When they say his name, you’re shocked. That’s Bill from marketing! …

Defuse bias suits by tracking which staff you discipline

03/01/2007

It’s a good idea to track the age, race, religion, sex or other characteristics of employees you discipline. Being able to see, at a glance, a potentially discriminatory pattern can help you make a midcourse correction …

Throwing the book at a worker: A good lawsuit defense

03/01/2007

When faced with an employee who has committed numerous rule violations, do you pick the most serious one and act on that? If so, you may want to rethink that strategy …

The gloves are off: Haitians win lawsuit against landscaping firm

03/01/2007

Dias Landscapes Corporation of Boynton Beach will pay $150,000 to settle an EEOC lawsuit over firing five Haitian employees and replacing them with Hispanic workers …

Understanding religious accommodations in Georgia workplaces

03/01/2007

Georgia mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; many workers wear burqas and yarmulkes; and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

New Jersey’s whistle-Blower law sets tough burden for employers

03/01/2007

The Conscientious Employee Protection Act (CEPA) prohibits retaliation against New Jersey employees who bring to light illegal or unethical workplace practices …

Found liable for discrimination? You’ll owe back pay, even if fired worker starts a new business

03/01/2007

When employees lose their jobs because of alleged discrimination, the Pennsylvania Human Relations Commission (PHRC) can award them lost wages based on the difference between their past earnings and what they currently make as self-employed individuals, …

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform …