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Terminations

Government workers’ ‘free speech’ might be nothing more than insubordination

10/22/2008

Public employees are protected from being fired for exercising their right to free speech—but government agencies still have the right to manage their workforces. Those rights may clash when a public employee complains about how she is supposed to do her job …

Pittsburgh hospital hostile to the sick, EEOC lawsuit claims

10/22/2008

The EEOC has filed a lawsuit against LifeCare Hospitals of Pittsburgh, a pioneer in caring for those with long-term acute illnesses, for turning its back on an employee who developed cancer …

Johnstown-area workers tilt at Spanish windmill company

10/22/2008

Kevin Wagner, Paul McElhenny and Rick Williams are suing Gamesa/Fiberblade, a Spanish manufacturer of wind turbines, for allegedly replacing them with younger workers and those from Spain …

Can I punish employees who miss work because they are witnesses in a trial?

10/21/2008

Q. Several employees have requested leave to be witnesses in an upcoming criminal trial. This is the busiest time of year for me. Can I discipline these employees in accordance with my absentee policy for missing work to attend this trial? If they know that’s what I plan to do, maybe they can avoid being witnesses.

Act fast and fairly to investigate when employee complains of hostile work environment

10/21/2008

No matter how hard you work to make sure your workplace is a model of fairness and civility, you can’t rule out the possibility that an employee will come to HR with a claim that she’s being forced to work in a racially or sexually hostile environment. How you handle that complaint may make the difference between nipping an ugly problem in the bud and paying a huge jury award.

Keep detailed records on disciplinary process

10/21/2008

Far too often, careless employers lose lawsuits they should have won, especially when it comes to terminations. Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age …

Government workers squeezed as economy shrinks tax base

10/21/2008

Georgia ended its fiscal year with a $1.6 billion budget shortfall, money it will have to squeeze out of its spending in the coming fiscal year. As a result, state workers in numerous departments and agencies are facing layoffs, pay freezes and reduced hours.

Temp agencies don’t have to cut check immediately after each assignment

10/20/2008

Some temp employees have tried to argue that they should be paid immediately for their work as soon as they finish a particular assignment—and not have to wait until the next regular payday. They’ve claimed that when each assignment ends, they are in effect being “discharged.” Now a federal trial court has clarified that the end of an assignment isn’t a “discharge.”

Confidentiality provision may violate federal labor law

10/20/2008

A temporary employment agency violated federal labor law by including a confidentiality provision in an employment contract, according to a recent NLRB ruling (Northeastern Land Services, Ltd. dba The NLS Group and Jamison John Dupuy, 352 NLRB No. 89, 2008). In the case, the agency fired a worker for violating the confidentiality provision …

Firing a ‘That’s not in my job description’ complainer

10/17/2008

Q. The owner of our company recently fired an employee who refused to run a business-related errand. The employee said running errands wasn’t in his job description. Can he sue us for wrongful termination? …