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Terminations

EEOC wins access to Quantum’s hiring documents

06/14/2010

Bolingbrook-based Quantum Foods faces a national-origin discrimination lawsuit from the EEOC, based on a Hispanic worker’s claim that he was terminated because of his national origin. The EEOC sought hiring records for the facility for the past four years.

Can we fire worker suspected of raiding the till?

06/09/2010
Q. We strongly suspect that one of our employees has been taking money out of the cash register. Whenever he is responsible for the register, there are a lot more shortages than when others work the register. Even though we can’t prove he is taking money, can we terminate his employment?

No STD documentation? OK to discipline–or fire

06/09/2010

If you offer short-term disability (STD) benefits for employees who can’t work because of illness, you probably insist on medical documentation. If the employee doesn’t provide that information within the reasonable timeline your STD plan requires, you can count the absence against the employee and terminate her.

MHRA: Court clarifies what’s marital bias

06/09/2010
The Minnesota Human Rights Act (MHRA) makes it an unfair employment practice to terminate an employee based on marital status. The Court of Appeals of Minnesota has now clarified that the law covers more than the state of being married; it also bans discrimination based on who one’s spouse is.

Prepare business case to justify job cuts

06/09/2010

Courts understand reductions in force and recognize that companies sometimes have to make tough decisions. When an employer can show it had good reasons for cutting employees through a RIF, affected employees will have to come up with solid discrimination evidence early in the litigation game.

Aggressively defend against even the flimsiest lawsuits

06/09/2010
Employees who lose their jobs often think the reason just has to be discrimination. Their first stop after receiving their pink slips: a lawyer’s office. If the resulting lawsuit is meritless, push hard for dismissal.

Ensure workers understand waivers before signing

06/09/2010

The idea behind alternative dispute resolution is that cases will take less time and cost less money to litigate. But that may not always be true. Often, employees who have signed arbitration agreements and promised to use an alternative dispute-resolution process end up suing in federal court to try to get the agreement thrown out. Courts often oblige.

Don’t write a zero-tolerance violence policy unless you plan to apply it every time

06/07/2010

Many employers have adopted so-called zero-tolerance rules prohibiting any kind of violence at work. But be careful how you enforce the rule. If you ever make exceptions, you’ll be asking for a lawsuit. Instead, terminate violent employees promptly, as soon as you verify what happened.

Tread lightly when contemplating firing employee who’s been convicted of a crime

06/02/2010
Can you fire a current employee who, during employment, is convicted of a crime? It’s still not clear that you can fire him because of that conviction. Until the law is clarified, consult your attorney before firing someone based on criminal records.

If we fire dishonest employee, can he collect unemployment comp and vacation pay?

06/02/2010
Q. We have an employee who recently submitted an expense report for more than $1,300 for an extended business trip. We accidentally reimbursed him twice. He did not report the double payment and we did not learn of the mistake until an internal audit two months later. Our company policy prohibits dishonesty and we want to fire the worker for violating this rule. Will he be able to collect unemployment benefits? May we withhold the vacation pay that is due to him under our policy, which would just about make us whole?