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Terminations

Track discrimination claims to head off post-Firing suits

07/25/2008
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

IT workers said the surfing was better at work

07/25/2008
Two employees at North Carolina Central University and one at North Carolina State University have been fired for downloading pornography. The workers also downloaded movies, music, games and software. One of the workers allowed a friend to use his university-owned computer to download music …

What to do when employee is caught stealing

07/25/2008
Q. While a manager at one of our locations was on vacation, we performed an audit of her books and discovered that she had written unauthorized checks to herself totaling $25,000. We intend to confront her and terminate her. What else should we do? …

What’s wrong with letting an employee ‘Resign’ instead of firing him?

07/25/2008
Q. I have an employee in my department who was involved in a fight at work. He has asked to be allowed to resign rather than be terminated. I like this guy. Should I let him do this? …

Decision-Making paper trail: The best kryptonite to lawsuits

07/24/2008
Employers that take the time to create good paper trails seldom lose discrimination lawsuits. Those who can show the rationale behind a decision find that few employees can come up with anything to counter that rationale …

Exempt employees and negative leave balances

07/24/2008
Q. I know I must pay exempt employees their full salaries even if they have no accrued benefits in their leave plans and their accounts have negative balances. But can I keep negative balance tallies and then subtract the negative balances as the employees earn more leave? …

Job bias against women who’ve had abortions is illegal

07/24/2008

By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.

Social Security disability doesn’t automatically earn ADA status

07/24/2008
Employees who are approved for Social Security disability payments sometimes think that automatically means they’re also deemed “disabled” under the ADA, which requires their employers to offer “reasonable accommodations.” But that’s simply not true …