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

Terminations

Tell managers: Unless you have notes, you can’t terminate

04/08/2008
The quickest way for an employer to get into big trouble is to retaliate against an employee who files a discrimination charge. Any negative employment action after the charge is filed may mean an additional lawsuit. Instruct managers to document any alleged poor performance—and make sure they use only objective, concrete measures …

Computer policy should allow some personal use

04/08/2008
You can punish employees who abuse computer use as long as you do so consistently. But recognize that some abuses are obviously worse than others. Someone who spends company time bidding on eBay may be due a reprimand. But someone who forwards risqué or racist jokes should receive more severe discipline, up to and including discharge …

Discharged for moonlighting? Former employee may not be eligible for unemployment

04/08/2008
If you discharge an employee who has been moonlighting, and he or she continues to work on the side, the moonlighting income may make the former employee ineligible for unemployment compensation …

Charging falsification? Make sure you can back up claim

04/07/2008
Employees who don’t follow company rules should be disciplined and possibly terminated. But employers must make sure they can back up their claims. Otherwise, they may face lawsuits if the fired employees belong to a protected class …

Mandatory firing after year’s absence doesn’t violate ADA requirements

04/07/2008
Does your organization have a blanket policy that limits time off for any reason to no more than 12 consecutive months? If you apply that policy evenhandedly, you don’t have to worry that it violates the ADA’s requirement that you provide reasonable accommodations …

That ain’t chicken feed: High grain costs bite poultry giant

04/07/2008
Pilgrim’s Pride Corp.—based in Pittsburg, Texas, and one of the nation’s largest poultry growers—will close a plant and six distribution centers because of rising feed costs. Blame it on the growth of alternative fuels …

A good reference for a good worker, even though we fired him?

04/07/2008
Q. We had to fire a good worker because of absenteeism problems. When someone who wants to hire him calls to verify past employment, what can we say about this man? …

Do we wind up paying for unemployment comp benefits?

04/01/2008
Q. I just received a notice from the state of Colorado seeking information about an employee who just left our company. The state is trying to determine whether she is eligible for unemployment benefits. If she is awarded unemployment benefits, will the company be charged for that amount? …

N.Y.-Based grocery chain to pay $40,000 discrimination settlement

04/01/2008
Eugene Gates Jr. had worked in a Charlotte, N.C., grocery store for nearly 40 years when it was purchased by Compare Foods, based in Freeport, N.Y. Shortly after the buyout, Compare cut his hours in half and gave his shifts to a young Hispanic worker …

Advice, please: How should we implement our first severance pay packages?

04/01/2008
Q. Due to economic conditions, we are planning to let go three employees from our 30-person work force. We are planning to provide these employees with four weeks’ pay if they sign a release of all claims. We have never provided severance pay before and have no policies governing the practice. What advice can you give us? …