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Firing

Must we give a fired employee his personnel file?

01/01/2007

Q. I recently discharged an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees a copy of their personnel files? —B.N.

Undocumented workers aren’t eligible for unemployment

01/01/2007

In Pennsylvania, laid off employees who aren’t legally documented to work in the United States aren’t eligible for unemployment compensation payments …

Consensus Decisions Can Deflect Firing-Bias Claims

01/01/2007

One of the best ways to make sure a termination decision sticks is to adopt a consensus approach to the decision-making …

Progressive discipline: How to apply a fair, firm policy

01/01/2007

While no federal or state law requires you to create and follow a progressive discipline policy, courts often come down hard on employers that promise progressive discipline but fail to deliver it …

Use unemployment comp decision to defend a bias lawsuit

01/01/2007

Here’s another good reason to aggressively contest unemployment compensation claims when you have strong evidence that the company fired the employee for a good cause (such as lying or stealing): You can use an unemployment compensation ruling to prove, in a later discrimination lawsuit, that you fired an employee for a valid, nondiscriminatory reason …

You Needn’t Accommodate Some ‘Serious’ Ailments

01/01/2007

While the ADA says organizations must provide reasonable accommodations to people with qualifying disabilities, be aware that many apparently serious conditions aren’t limiting enough to be considered disabilities …

EEOC sues modeling school over firing of pregnant director

01/01/2007

The EEOC recently filed a lawsuit against Barbizon School of Modeling of Atlanta for firing a director five days after she gave birth. The former director, who worked at its Macon location, claims Barbizon terminated her because of her pregnancy …

‘Sexist attitude’ isn’t direct evidence of discrimination

01/01/2007

To support sex discrimination lawsuits, employees must do more than claim their supervisor had a “sexist attitude.” Without more proof of job-related impact, complaints about supervisors with attitude aren’t enough direct evidence …

Homeland Security’s Miami office to pay $2.5 million in bias lawsuit

01/01/2007

When it comes to discrimination laws, you’d think the federal government would know the rules. Yet a jury recently ordered the U.S. Homeland Security Department to pay $2.5 million to a former employee in a bias lawsuit …

Florida Workers’ Comp Law: What Is ‘Maximum Medical Improvement’?

01/01/2007

Even though Florida’s workers’ compensation (WC) system includes many safeguards to protect against abuse, you must still stay on top of cases to ensure that you pay only legitimate benefits …