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Terminations

Former Cook County prosecutor files discrimination suit

12/11/2008

Christine Opp, a former assistant state’s attorney for Cook County, has filed a lawsuit claiming that she was fired because of her age and political leanings.

Judge halts prison closure after union files suit

12/11/2008

The union representing employees at the Pontiac Correctional Center has stalled closure of the maximum-security prison, at least temporarily. Livingston County Judge R. Michael Travers issued an injunction in November barring layoffs at the prison pending arbitration of grievances filed …

Half-staff calls for time-and-a-half?

12/11/2008

Forced to cut some 180 employees to make budget, the Department of Children and Family Services (DCFS) sent an e-mail requesting remaining employees to work overtime to manage its caseload. The union that represents DCFS staff called the idea “nonsensical” and refused the request.

Check the medical documentation: FMLA doesn’t automatically apply to ER visits

12/09/2008

You don’t need to give employees FMLA leave just because they have a discharge sheet from a hospital emergency room. The real question is whether the medical condition that prompted them to visit the ER was a serious health condition.

Remind managers: Comments about weight can trigger harassment complaints

12/09/2008

When people lose their jobs, they often look for some reason other than their own poor performance. And since they are off work, they have lots of time to think about the past, including real or imagined slights they endured at the hands of co-workers and supervisors.

Log all discipline, track it by type & offense

12/09/2008

It goes without saying that you should enforce your rules fairly. That’s why you must track every disciplinary action and make a clear record of why each employee earned his discipline. Later, when one of those employees claims the real reason he was fired was due to age, sex or some other protected classification, you can show that wasn’t the case.

Be prepared to grant FMLA leave for diagnosis of serious health condition

12/09/2008

Routine doctors’ appointments such as checkups or annual physicals aren’t considered eligible for FMLA leave, but appointments aimed at diagnosing a condition may be. Employers that know the employee is seeing a specialist as part of the followup to an auto accident, for example, are on notice that the employee may need to take FMLA leave …

It’s OK to ban prescription drugs if you have genuine safety concerns

12/09/2008

Employees who take certain prescription drugs for legitimate medical conditions may be unable to work safely if their jobs involve heavy machinery, split-second judgment or the ability to remain alert. If that’s the case, it’s not disability discrimination to ban employees from working while on those medications.

Employee in drug treatment? Consider DATWA before firing

12/09/2008

Do all your supervisors and HR staff understand how Minnesota’s Drug and Alcohol Testing in the Workplace Act works? If not, train everyone now or face the possibility of punitive damages.

Quit or fired? Answer affects whether you pay unemployment

12/09/2008

How an employer handles an employee who doesn’t show up for work can mean the difference between paying unemployment compensation and not being liable.