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Terminations

If accommodation can’t enable essential functions, termination may be only option

05/14/2008
Being qualified for a job doesn’t mean the person can do it well. And the inability to really execute an essential job function can warrant dismissal, even if the employee claims a disability. Take, for example, a newly hired professor who turns out to have psychological problems that prevent her from teaching class …

Don’t let jury duty force you to defend yourself in court

05/14/2008
Both Illinois and federal laws require employers to let their employees off for jury duty. Additionally, employers may not penalize employees for serving on a jury. No matter how obvious this is, every now and then, employers try to get back at employees who perform their civic duties. It never works …

Fate of Northwest jobs up in the air

05/13/2008
The fate of 1,000 jobs at Northwest Airline’s headquarters in Eagan is up in the air following the carrier’s merger with Delta Airlines. Delta has insisted throughout negotiations that the combined airline will keep the Delta name and its Atlanta headquarters …

Think twice before suing your own employee for negligence

05/13/2008
Minnesota employers, take note: Courts don’t take kindly to employers that try to sue their employees for negligence as a counterclaim to a discrimination lawsuit. In fact, Minnesota law requires employers to indemnify employees for costs associated with a lawsuit filed because of the employee’s alleged wrongdoing …

Receptionist delivers messages from hell

05/13/2008
Zachary Winspear joined Community Development, Inc. (CDI), a property management company in Golden Valley, as a personal assistant to company president Charles Schneider. As the two grew close, Winspear confided to Schneider that his brother had committed suicide …

Jury awards $5.8 million verdict for age discrimination

05/12/2008
A former employee of Ernie Haire Ford who claimed the dealership fired him because of his age won a $5.8 million verdict in Hillsborough Circuit Court …

Three-Day FMLA incapacity can span regular days off

05/09/2008
Employees who claim they qualify for FMLA leave because of a short illness have to show that they went to a doctor and were incapacitated for three days. But the three days don’t have to be workdays—they can include days off …

‘No comment’ is best response when reporters call about a firing

05/09/2008
Discharging an employee is stressful to everyone concerned. It can be doubly stressful if the employee held a publicly visible position. Local reporters are likely to call asking for information about why the organization fired the employee. Handling those calls poorly can spell legal trouble …

Noose in the news

05/09/2008
The manager and two employees of a Bay City Lone Star Steakhouse & Saloon were fired after allegedly hanging a noose in view of a black cook. The employees reportedly let the noose hang for four days before taking it down …

Woman awarded $500,000 for sexual harassment, alleged rape

05/07/2008
A woman who was sexually harassed and allegedly raped by a boss at a Quiznos restaurant in Norwich was awarded $500,000 by the state Division of Human Rights …