Jamaal Johnson, a GED instructor at Nash Community College, submitted a note from Dr. Raymond Baule stating he needed to miss two months of work. It didn’t offer a specific reason, and Baule was not a certified workers’ compensation physician.
A federal jury has awarded $74,000 to Melissa Brown, a former food service director at Plymouth House nursing home in Plymouth Meeting, after the contractor employing her dismissed her when she sought maternity leave. But that was just the beginning …
The ADA protects disabled employees from discrimination, but it’s up to the disabled employee to come forward. Employers can’t be expected to be clairvoyant. Smart employers find a way to track those disclosures. Here’s an example of why that’s important:
Employers have great leeway when it comes to discharging employees. But many employers get into trouble by failing to conduct a thorough and fair investigation. If the employee can prove the investigation was so cursory that it was just an excuse to cover up an illegal motivation such as age discrimination, the employer may lose big.
Lissa Hannan, a Verizon employee in the Pittsburgh area, filed a complaint alleging a male contractor sexually harassed her. The company essentially put her on hold and then hung up. Ten days after she filed her complaint, Verizon fired Hannan. The company ended up agreeing to pay her $37,000 to settle the lawsuit.
Employers that “regard” people as disabled and then discriminate by firing them or refusing to hire them in the first place will face lawsuits—even if it turns out those applicants and employees aren’t actually disabled. That’s a key part of the ADA.
Sometimes, you may want to discipline or discharge an employee because of customer complaints. Get those complaints in writing—you may be able to use the letters as evidence that proves you sincerely fired the employee based on the complaints.
Your business has crunched the numbers, considered the alternatives and come to the conclusion that layoffs are necessary if the business is to remain afloat during these challenging economic times. But how much thought have you given to your remaining employees who are about to watch their friends and colleagues lose their jobs?
Here are the top six mistakes managers make when they have to terminate an employee. Any one of them can cause a costly trip to court when the employee sues. Learn more about terminating employees without increasing your lawsuit risk. Our upcoming audio conference, "Trouble-Free Terminations: Legally Safe Layoffs and Firings," tells you how.