Firing

Long delay seldom sinks lawsuits; retain records until case is resolved

11/01/2005

If you know an employee has filed a complaint with the EEOC or state anti-discrimination agency, don’t trash any relevant records until you receive official notification that the case has been resolved and won’t be appealed …

Turn to Last-Chance Agreements for Legal Leverage

10/01/2005

Many employers use "last-chance agreements" to give employees one final opportunity to turn around attendance, productivity and attitude problems. Here’s good news if you use last-chance agreements on employees with drug and alcohol problems: The ADA and many state laws give you the leverage to keep employees clean … and fire them if they’re not …

Drug-test cheating on the rise; fight back with random tests

10/01/2005

Can you trust negative drug test results anymore?
The Internet is flooded with products, more than 400, according to a Business Insurance report, that help employees and job candidates cheat …

You can be sued for what you say during an investigation

09/01/2005

When discussing hiring, firing or promotion decisions, make sure you can back up any claims with some proof. And impress upon others involved in such discussions to also be truthful and …

Self-diagnosis won’t cut it; require proof of disability

09/01/2005

Do you have an employee whose sniffles, coughing or health complaints drive co-workers crazy? Has she told you that she’s disabled and can’t help the snorting and sneezing? You don’t need …

Check bankruptcy records when employees sue

08/01/2005

If your organization is hit with an employee lawsuit, consider having your attorney check for a bankruptcy filing by the employee who sues you. If the lawsuit isn’t listed as an asset with …

Employee returning from injury leave? Don’t treat her with ‘kid gloves’

08/01/2005

You may know that the ADA entitles disabled people to reasonable accommodations to allow them to perform their job’s essential functions. But what about employees who have minor medical ailments that …

Firing during FMLA leave: legal, but usually unwise

08/01/2005

Issue: If you uncover an employee’s performance problems while she’s on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt …

Firing worker during FMLA leave: possibly legal, but usually unwise

07/01/2005

Terminating an employee who’s out on FMLA leave isn’t impossible. If you can prove that you would have fired the employee if he or she had been at work, you can …

Overly aggressive defense tactics may backfire on you in court

07/01/2005

When defending an employment lawsuit, be careful about authorizing your attorneys to use exceedingly aggressive tactics. If your lawyer goes overboard, you may end up paying the other side’s attorney’s fees. …