• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

Be prepared to prove reorg or cost cutting as layoff reasons

05/28/2008

Gone are the days when employers didn’t have to justify reorganizations or layoffs. Now—given the prevalence of electronic communications—you can expect a court to ask you to produce just about every piece of information used to determine who lost their jobs and who kept them …

It’s absolutely essential to treat all employees equally

05/28/2008
A newly released North Carolina Court of Appeals opinion makes it clear that employers have to make absolutely sure they are treating all similarly situated employees alike …

Letter carrier preferred not to

05/28/2008
U.S. Postal Service (USPS) investigators have discovered 100,000 pieces of undelivered mail at an Apex postal worker’s home. The mail, which was stacked on the letter carrier’s back deck, dated back as far as six years …

Objective evaluations get lawsuits dismissed

05/27/2008
The quality of your performance evaluation process—whether it is objective or subjective—can determine how a discrimination lawsuit turns out. Handle evaluations improperly, and a case can linger for months. Do it the right way, and the case may be dismissed immediately …

Township of Monroe will stand trial for racial discrimination

05/27/2008
A jury will decide whether a black senior employee of the Township of Monroe in Gloucester County lost his job because of racial bias. Elvis Gooden was appointed the town’s chief financial officer and director of finance in 2001 …

Warn employees: No FMLA certification, no excused absence

05/23/2008
If employers take a lackadaisical approach to medical certifications, they might be issuing an invitation to abuse FMLA leave. Remind your employees that they must provide FMLA certifications—and that refusing to cooperate will result in the time off being counted as unexcused absences. The consequence: possible termination …

Appearances do count: Check for hidden bias in terminations

05/23/2008
Before making a final decision on a reorganization or series of RIF terminations, take a close look at any characteristics the employees losing their jobs might share. A set of terminations that affects only members of a protected class is sure to attract attention …

Employee has used all FMLA leave? Assess disability status before terminating

05/23/2008
The FMLA entitles employees to up to 12 weeks of unpaid leave to deal with a serious health condition. That doesn’t mean, however, that you should immediately terminate an employee who can’t return to her job right away. That could violate the ADA …

Threatening, but not hostile

05/23/2008
Keith Harris and Dennis Alexander, who are black, sued Joseph Orlando, owner of Cobra Construction, for constructive discharge and racial discrimination, saying they were forced to quit out of fear for their lives …

17 Questions to Determine if Workers are Fully Engaged

05/22/2008
Don’t think you can pick out disengaged workers from a lineup. Employees usually check out mentally long before you spot the obvious signs—poor productivity, absenteeism, lousy customer service. Find out whether your employees are fully engaged in their work by asking them these 17 questions.