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Terminations

Violence on the job? OK to base punishment on job classification and severity of offense

06/04/2008
While a zero-tolerance policy for fighting on the job is a good idea, it may not always be necessary. Instead, you can draw a distinction between violent transgressions and mere arguments that escalate into pushing or shoving. You also may want the discretion to punish workers in some categories more harshly than others …

Whether paper or electronic, make sure job applications are legal

06/04/2008
The days of the paper job application may be fading away, but whatever takes the place of paper applications better measure up the same way. Specifically, employers have to understand that online applications can hold more legal land mines than hard copy applications ever did …

You fired worker on FMLA leave? Better have a good reason

06/03/2008
Employers can’t manipulate the FMLA to terminate employees for taking FMLA leave by trumping up charges. As the following case shows, courts grow very suspicious when employers come up with reasons to fire employees who are on FMLA leave. And they often send such cases to trial, leaving employers at the mercy of juries …

Tell supervisors: No stereotyping based on national origin

06/03/2008
It’s important to remind all supervisors to judge employees on their individual merits—and not to indulge stereotypes. As the following case shows, using stereotypes in any critique of job performance may be enough evidence of national origin discrimination to merit a possible jury trial …

There’s pretext, and then there’s not even bothering

06/03/2008
It makes a judge’s job easier when a company just fires workers for complaining, rather than trying to concoct elaborate rationalizations. That’s the tack evidently taken by Pillow Kingdom of Denver …

Now hear this: You’ll pay for firing worker out on health leave

06/03/2008
Colorado Sports and Spine Centers has just agreed to pay $137,500 to settle a discrimination lawsuit brought by the EEOC on behalf of former employee Kristina Siebert. The CSSC fired Siebert after she took time off to be fitted for hearing aids …

Fire away … but be prepared to defend terminations

06/03/2008
Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …

Dealing with a fired employee who signed an arbitration agreement

06/03/2008
Q. All of our applicants sign an arbitration agreement. Recently, for the first time, an employee we fired (he had signed the agreement) had a lawyer send us a letter complaining about his termination. Can we use the agreement to prevent the employee from filing a claim for unemployment benefits or a charge of discrimination? …

The 6 Kinds of Terminations … And 6 Corresponding Ways to Avoid Being Sued

06/03/2008

Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …

Restrict access to data about protected characteristics

06/03/2008
One of the most important HR functions is monitoring whether your organization is unwittingly discriminating when hiring, firing or promoting. To do that, you obviously have to know who belongs to what protected classification. At the same time, you don’t necessarily want the supervisors and managers who make employment decisions to have that information at their fingertips …