• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

When firing employees, take reasonable security measures

12/24/2009

Some employees get mad when they learn they’re being terminated. Some may even try to abscond with valuable company property or records as a way to retaliate for losing their jobs. That’s why employers should take reasonable measures to protect records and property—even if that means escorting the fired employee out of the building and preventing access to work spaces and equipment.

Drunken worker injured? Discipline right away

12/24/2009

Employees who come to work under the influence of alcohol are obvious safety risks. If workers are impaired, don’t hesitate to act promptly. Waiting until someone gets hurt could backfire badly. Courts may view the delay as suspicious and assume you’re fabricating a reason to fire the allegedly intoxicated worker.

Daimler Truck workers get federal unemployment assistance

12/24/2009

Laid-off Daimler Trucks North America workers at the company’s Gastonia plant are eligible for assistance under the Trade Adjustment Assistance Act, which provides extended unemployment compensation benefits to workers who lose their jobs because of competition from imported products.

Employee’s still out after 12 weeks of FMLA: Can we fire?

12/23/2009

Q. If an employee exhausts his 12 weeks of FMLA and still isn’t able to return to work, should we terminate his employment immediately?

Pregnancy Discrimination Act doesn’t cover child care woes

12/23/2009

The Pregnancy Discrimination Act (PDA) protects employees from discrimination based on pregnancy and related medical conditions. It doesn’t, however, let new mothers take off work when child care arrangements fall through, as the following case shows.

Firing due to ‘romantic tension’: Is it sex bias?

12/22/2009

When co-worker relationships break up, tensions can boil over in the workplace. Back-stabbing and name-calling may play out in the office—and that may require discipline. When that happens, investigate thoroughly. But watch out for discipline that looks suspiciously like discrimination against just one of the former lovebirds.

Settlement offer can’t be used against you later

12/22/2009

Offering an employee a severance payment in exchange for releasing any legal claims won’t be used against you. Courts want to encourage dispute settlement—and if severance offers could be used against employers later in court, cases would rarely be settled.

Use statistics early to blow shaky lawsuits out of water

12/22/2009

Employees who sue for discrimination have to come up with some evidence before the case can advance beyond the initial stages—and before it gets progressively more expensive for employers paying the legal bill. Employers that fight back right away with statistics showing there was no discrimination can save big bucks in the long run.

OK to tie incentives to continued employment

12/22/2009

The Supreme Court of California has ruled that employers are free to develop incentive payment plans that reward loyalty by requiring employees to stay for a period of time before earning the full benefit.

Design restrictive agreements that protect you—and stick in court

12/15/2009

Do you rely on restrictive agreements (also known as noncompete agreements) to prevent employees from working for the competition and stealing your customers? If so, now is a good time to make sure those agreements will stand up in court.
A recent 11th Circuit Court of Appeals case, Proudfoot Consulting Co. v. Gordon, illustrates the obstacles and complexity that can trip up employers that take former employees to court.