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Terminations

Repeated outbursts bar unemployment comp

03/01/2008

Employers have a right to expect a certain level of decorum in the workplace. Employees fired for using crude language or engaging in threatening behavior won’t likely be able to collect unemployment compensation, since their own misdeeds caused them to become unemployed …

Ohio Supreme Court places limits on public-Policy terminations

03/01/2008

In a dramatic reversal, the Ohio Supreme Court significantly limited the reach of its earlier decision in Coolidge v. Riverdale School Systems. That 2003 decision led attorneys and employers to conclude that it violated Ohio state public policy to terminate any employee who was eligible to receive temporary total disability payments under the Ohio Workers’ Compensation Act …

If possible, manager who hired should be the same one who fires

03/01/2008

It stands to reason that a manager who thinks enough of an applicant to hire her won’t turn around and fire her a few months later in a fit of discrimination, especially if the applicant belonged to a protected class. That’s why it makes sense to have the same people who made the hiring decision be part of the termination process if the need should arise …

Temporary condition might be disability if severe enough

03/01/2008

The ADA makes it illegal to discriminate against applicants or employees with disabilities. Typically, only permanent conditions count. But not always. Some temporary medical conditions also can constitute disabilities if they are severe enough at the time the condition exists …

Firing reason doesn’t have to be perfect to withstand discrimination claims

03/01/2008

As a conscientious HR pro, you no doubt try to make the best employment decisions you can, based on legitimate reasons and valid evidence. But that doesn’t mean you have to treat the HR office like a court of law, spending weeks conducting investigations and sorting through evidence …

The disappearing executive and his disappearing back trouble

03/01/2008

General Motors won summary judgment in a disability discrimination lawsuit after the company caught Christopher Peterson loading lumber into his car while he was on leave for back problems. Peterson had a long career with GM and had risen into the executive ranks …

You don’t need a second opinion to reject FMLA certification

03/01/2008

The 6th Circuit Court of Appeals, which covers Michigan, recently handed employers some ammunition to fight FMLA claims. In its decision in Novak v. MetroHealth Medical Center, the court reaffirmed that an employer is not obligated to get a second opinion when it rejects an employee’s certification paperwork …

Beware temptation to overstate fired worker’s faults

03/01/2008

Firing an employee is never easy, but there’s no reason to try to justify your decision by piling on a litany of reasons to discharge a poorly performing employee. That just complicates the process. Chances are, a court won’t second-guess you if you simply stick to the strongest reason you have for the firing …

Court finds Hillsborough County did not discriminate

03/01/2008

 A counselor for the Hillsborough County Children’s Services Department (CSD) lost her disability discrimination case against the county in U.S. District Court for the Middle District in Tampa …

Listen for code words when evaluating discrimination complaints

03/01/2008
The law protects employees from retaliation for complaining about alleged job discrimination. That doesn’t mean, however, that employees have to state specifically that their concerns involve sex, race or some other protected characteristic. Something as simple as complaining about “the glass ceiling” may be enough to at least raise the specter of sex discrimination …