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Terminations

Firing? Keep all communications between employee and boss

03/13/2009

Employees who have been terminated often claim they suffered some form of discrimination or harassment. That’s one good reason to tell managers and supervisors they need to keep each and every piece of paper, phone message and e-mail that led up to the firing.

Social Security disability doesn’t mean no accommodations

03/13/2009

A federal court has sided with the EEOC in a disability discrimination case involving the Macomb store of auto parts retailer AutoZone. The case involved a store manager, John Shepherd, who suffered from back and neck injuries that limited his ability to lift or rotate his upper body.

Study cites Illinois as a hotbed of wage-and-hour claims

03/13/2009

A recent report offers some ominous news for Illinois employers. Illinois is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

Place employee on ‘provisional’ FMLA leave while seeking 2nd, 3rd certifications

03/12/2009

Employers don’t have to blindly accept their employees’ medical certifications. The FMLA allows you to get a second opinion about whether an employee’s request qualifies for leave … If the two certifications don’t agree, you can get a third and final certification to break the tie. But what happens during the interim?

Think twice before firing workers’ comp applicant

03/12/2009

Minnesota employees are protected from being fired in retaliation for filing a workers’ compensation claim. That means employers have to think twice before discharging such an employee for anything but the most solid reasons.

Coincidental timing alone does not make a retaliation claim

03/12/2009

Sometimes, employees think they can save themselves from being disciplined by making a fuss about possible employer wrongdoing. They assume that whistle-blowing will protect them from being fired, for example, because their employer’s timing will look suspect. Smart employers don’t fall for this.

New Best Buy business plan will cut some jobs, add others

03/12/2009

Richfield-based electronics retail giant Best Buy is adjusting its business plan in response to the economic downturn. The move will cost 250 jobs in Richfield, but the company plans to hire 210 additional people.

Know what’s in that contract before you ask anyone to sign a noncompete

03/12/2009

More and more employers are asking their HR staffs to prepare noncompete agreements to prevent employees from taking trade secrets to competitors. Before you pull out a standard form or download one from the Internet, consider the consequences.

Make pre-firing investigation truly independent

03/09/2009

You might have rogue managers in your midst without even knowing it. If one of your supervisors has it in for a subordinate for discriminatory reasons, and you rely on his recommendation to terminate an employee, you may be in trouble.

You can rely on ‘negative’ FMLA certification

03/09/2009

Sometimes, employees think they’re sick enough to qualify for FMLA leave, but their doctors don’t. Other times, medical staff filling out the medical forms makes mistakes. Either way, if you get a certification or doctor’s note explaining that the employee can work, you are under no obligation to get more information. Instead, you can rely on that “negative” FMLA certification and deny leave.