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Firing

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Firing employees on FMLA leave: Occasionally legal, usually unwise

12/01/2002
While he was taking leave for depression under the Family and Medical Leave Act (FMLA), Jerry Ogborn got the ax. Reason: During the absence, his employer discovered that Ogborn, a union …

Job investigation won’t cause ‘mental distress.’

12/01/2002
A New York bank investigated a worker over forged signatures on her expense reports. It eventually fired her and escorted her from the premises. She sued the bank, saying the …

Care for healthy child wins FMLA coverage

11/01/2002
The walls of employee FMLA protection have grown higher with a new court ruling that says a worker must be given leave to look after his healthy children while his wife …

Less prestigious job leads to constructive discharge

11/01/2002
After a top-performing African-American server at Denny’s was transferred to a different location, the restaurant unexpectedly reassigned her to busing tables. She walked off the job and sued, alleging that she …

Regulating off-duty conduct: How far can you go?

11/01/2002
Say you find out that your sales manager is dating the marketing director of your biggest competitor. Or that your cashier has a bottle-of-scotch-a-day drinking habit after work. Can you fire …

Don’t deny ADA accommodation due to ‘potential’ seniority break

10/01/2002
After 18 years as a truck driver, Donald Dilley developed back trouble and was limited by his doctor to lifting less than 60 pounds at a time. Dilley asked for routes …

Employer’s extortion ignites wrongful discharge claim

10/01/2002
The owner of a ranch hired B.J. and Nancy Logan to work on his property. When the Logans got a permit to develop their own property near the ranch, the ranch …

Don’t fire workers to trim health costs

09/01/2002
During Kathy Smith’s first year in a customer service job, her husband was diagnosed with heart disease and her son with water on the brain. Treatment was covered under the firm’s …

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas