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Terminations

Contacting the Georgia Department of Labor

07/21/2008
Q. I understand that my company can be held liable for statements I make to employers seeking references for my former employees. What about statements I make or information I provide to the Georgia Department of Labor (GDOL) regarding employment security benefits? …

Tell managers: Don’t retaliate against those who complain

07/21/2008
One of the easiest ways to land the company in legal hot water is for a manager to punish someone who complains that she’s being discriminated against. It may turn out—and it often does—that no discrimination took place. Yet even in those cases, some supervisors can’t resist punishing the messenger, thereby turning a minor matter into a major retaliation case …

Hold onto those notes! Even accidental destruction can mean trouble

07/21/2008
You know it’s crucial to document all disciplinary actions. No doubt, you’ve told managers and supervisors to keep all notes, memos and other paperwork. Those records could be invaluable later if you ever need to show that all your disciplinary decisions were based on good business judgment, performance and other legitimate and relevant reasons …

Air conditioning: mandatory accommodation?

07/21/2008
Charles Gribben, a UPS driver in Phoenix, was told by his doctor to operate only trucks with air conditioning. But UPS, finding it couldn’t accommodate Gribben’s disability, terminated him. Gribben sued UPS under the ADA …

Employee in the hot seat loses claim he was falsely imprisoned

07/21/2008
Zachary Shannon began working for OfficeMax in January 2006. When the company hired him, Shannon signed a standard agreement that he would not photocopy pornographic materials. On Jan. 14, an employee found pornographic photocopies on one of the store’s copiers …

Employer liability for defamation claims based on a reference

07/21/2008
Q. Our company constantly receives calls from prospective employers requesting references for our former employees. Recently, one of our receptionists told an inquiring employer that a former employee was terminated for falsifying his expense reports. The former employee now has threatened to file a lawsuit against us for defamation. Do we have any exposure? …

15 Questions to Ask Employees in Their First 60 Days

07/21/2008
A good employee who seemed happy quit after just three months. His supervisor never saw it coming. What happened? That unexpected turnover might have been avoided if the boss had checked in to uncover any potential problems. Here are 15 questions supervisors or HR should ask all new employees in their first 60 days on the job.

Patience, paperwork: The right way to fire serial complainers

07/18/2008
Sometimes, employees who are having performance problems think that filing discrimination complaints will help protect their jobs. Word has gotten around that employees can win retaliation cases even if the discrimination claims they make are flimsy. But employers won’t lose a retaliation case if they can show that the employee really did deserve the discipline that followed the discrimination complaint …

Recoup training costs, but beware doing so with last paycheck

07/18/2008
Employers can and should get applicants and employees to agree to pay back training costs if they depart before the company gets fair value. But collecting the money can be tricky. You can’t, for example, withhold the money out of a final paycheck if that move takes the employee’s hourly wage below the minimum allowed by law …

Using FMLA leave to build a porch: Can that be legal?

07/17/2008

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation lawsuit …