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Firing

Don’t rubber-stamp firings; verify supervisors’ reasons

09/01/2004
Issue: Should HR question a supervisor’s plans to fire an employee? Risk: If you take a termination report at face value, you may overlook bias by a manager. Action: …

Base light-duty policy on business necessity; enforce it consistently

08/01/2004
Employers are very leery about firing pregnant employees, and rightly so. But don’t let your lawsuit fears paralyze you from taking legal, appropriate actions.
In short, federal law requires that …

Why you need a forfeiture clause in every job contract

08/01/2004

If your organization writes employment contracts for key employees, it may be making one costly mistake: unconditionally guaranteeing salary and benefits to employees, even if they commit misconduct that would warrant firing …

Can employees harass co-workers in the name of ‘creativity’?

07/01/2004
If your workplace has a “creative” side to it, listen up: A court has ruled for the first time that you can defend a sexual harassment claim by arguing a “creative …

Check the validity of reasons behind a supervisor’s call for firing

07/01/2004
If you’re involved in termination decisions, don’t always take supervisors’ comments at face value. Consider doing your own investigation before taking action. Your goal is to independently verify the information you’re …

You don’t have to accept after-the-fact proof of FMLA leave

07/01/2004
The Family and Medical Leave Act (FMLA) requires workers to give their employers notice of their need for leave. But you have the right to deny leave when the provided information …

Supreme Court expands filing window in ‘Section 1981’ cases

06/01/2004
The U.S. Supreme Court last month set a four-year statute of limitations in so-called “Section 1981” discrimination cases.
While most employees file discrimination cases under Title VII of the Civil …

States aren’t immune from ADA lawsuits, high court says

06/01/2004
The Supreme Court ruled May 17 that disabled people can sue state governments for failing to provide them access to courthouses, voting booths or other public services.
Previously, states had …

Your probation period: a lawsuit waiting to happen

06/01/2004

If your employee handbook or job-offer letters say new hires will face a probation period of, say 60 or 90 days, you should consider dropping that policy.

Serious condition, not its symptoms, triggers FMLA

05/01/2004
The next time you consider a request for leave under the Family and Medical Leave Act (FMLA), remember this: For employees to be covered under the FMLA for their own “serious …