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Terminations

Warn bosses: One wisecrack can mean trouble

11/13/2009

When supervisors and managers have to deal with an employee they perceive as trouble, emotions can take over. That’s bad news. Warn them that anytime they have to deliver bad news to an employee—for example, while disciplining or firing—they must refrain from making smart-aleck comments. Wisecracks are too easy to misinterpret, especially if the employee already thinks the employer is out to get him.

Needing less stress at work isn’t enough to create an ADA disability

11/13/2009

Employees who suffer from some psychological disorders may need a less stressful environment. But if being stressed out at work is the only impairment the underlying condition causes, chances are they won’t meet the definition of “disabled” under the ADA. Therefore they aren’t entitled to an ADA accommodation.

Sample Policy: Violence and Weapons

11/11/2009
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Zero-tolerance policy on theft OK if applied consistently across the board

11/11/2009

If you believe an employee has been stealing from your organization, you may not have the time or resources to launch an investigation worthy of "Law and Order." If it’s your consistent policy to terminate those accused of stealing, fire away.

Attitude, absence & foul language: 3 scripts for those conversations you’d rather not have

11/10/2009

Paul Falcone, author of 101 Tough Conversations to Have with Employees, offers these scripts to follow when you need to have awkward but essential conversations with employees. Here’s what managers should say after they’ve said, “Hey, got a minute?” 

Family ties: Discrimination trend … and trap!

11/10/2009

Discrimination against employees because of their family caregiving duties has become a hotbed for litigation against employers, and every indication is that this trend will continue. So it’s critical for employers to recognize the potential for liability and take necessary steps to avoid being the next defendant. Here’s how.

Beware RIFing worker who’s out on FMLA leave

11/09/2009

Employees returning from FMLA leave are entitled to reinstatement to their former jobs or equivalent positions. However, an employer can terminate an employee while she’s out on FMLA leave if it can show it would have done so anyway even if the employee hadn’t taken FMLA leave. But be careful …

No matter how ill-advised the order, insubordination can be a valid discharge reason

11/09/2009

Sometimes employees balk at following their supervisors’ directions—especially when they consider an order ill-advised or even stupid. But the underlying wisdom of the directive doesn’t excuse an employee’s angry reaction. He or she can still be terminated for insubordination if he responded inappropriately.

Don’t automatically grant FMLA leave for stress

11/09/2009

Employees often claim their jobs stress them out. And for some, it’s so bad they feel they need to take off work for a week or so to cope. That doesn’t mean, however, that they’re automatically entitled to use FMLA leave.

Treat all pregnant employees equally, regardless of race or ethnicity

11/09/2009

Attorneys seem intent on finding some form of discrimination in every adverse employment decision—and courts seem increasingly inclined to go along. Consider this recent case, in which a pregnant black employee won the right to a jury trial on race and national-origin discrimination based on the allegation that a white pregnant employee was treated better.