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Terminations

Whistle-blower flagging safety violation? Don’t shoot the messenger by retaliating

03/26/2010

Generally, Pennsylvania is an at-will employment state where employers can fire employees for any nondiscriminatory reason. But Pennsylvania also allows lawsuits for wrongful discharge based on public-policy concerns. Those public policies include the right not to be fired for reporting company safety violations that could harm the public.

You’ll need a calendar and a calculator: Track past service to check FMLA eligibility

03/26/2010

Whenever you hire someone, check your records of past employees. If your new employee is a rehire and last worked for you within seven years, be ready to credit that service if FMLA eligibility ever becomes an issue. If you don’t do that, and wind up denying FMLA leave to an eligible employee, you may have to pay double damages.

Document and retain evidence that led to firing

03/26/2010
You never know which terminated employee will sue—or how long he might wait to do so. That’s why it’s important to document everything leading up to the termination. Then make it your policy to retain firing-related documents indefinitely.

When unemployment comp is on the line, job dissatisfaction doesn’t justify quitting

03/26/2010

Employees who are forced to work in an unsafe or unhealthy environment may be able to collect unemployment benefits. But some employees seem to think that any work-related problems can justify quitting and then getting unemployment. That’s simply not true.

Act fast to punish violent employee, even if he’s been the victim of harassment

03/26/2010

It’s understandable that employees might get angry if they perceive that co-workers are harassing them. But that doesn’t justify a violent reaction. When alleged victims of harassment lash out, you can and should punish them. But even as you discipline the angry worker, make sure you also do whatever you can to end the harassment that precipitated the violent response.

If no job loss, no damages for whistle-blower

03/26/2010
The New Jersey Superior Court has reversed a large jury award previously won by a whistle-blower because the employer never fired the employee or forced him to quit.

Warn bosses: Loose lips lead to lawsuits

03/26/2010

Some managers can’t seem to understand that they shouldn’t discuss personnel matters with anyone other than the appropriate people within the organization. Consider the following case in which a supervisor’s conversation with an outsider may have cost his employer $100,000.

Are we allowed to require a certain amount of advance notice for resignations?

03/26/2010
Q. Is it legal to require management employees to give us a longer resignation period than other employees?

Catch fishy FMLA requests with the 3 R’s

03/22/2010

Employees have learned to play the FMLA game quite well in the 17 years since the law was passed. In this new case, an “attendance-challenged” employee was denied extra vacation leave for her wedding. So she submitted an FMLA leave request for those same dates. Hmmmm … smell fishy?

Call lawyer if disloyal employee causes losses

03/19/2010
High-ranking and well-paid employees occasionally think about jumping ship and starting competing companies. And sometimes they try to poach business as they prepare to launch their own enterprises. An employer may never know until it’s too late that a presumably loyal employee was working against its best interests. If that happens to you, consult an attorney right away! In many cases, the former employee may be liable for any losses his predatory behavior caused.