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Terminations

Any negative comments about work injury may lead to lawsuit

01/01/2008

It’s frustrating when an employee you don’t think is seriously injured files a workers’ compensation claim, especially months after the alleged injury. However, you must resist the temptation to react negatively—for example, by bad-mouthing the employee …

Union security clauses are enforceable in Michigan—Non-Dues payer can be fired

01/01/2008

Q. I run a small warehouse facility where the employees are represented by a union. The labor contract requires all employees to pay union dues or an equivalent fee. The union has contacted me and indicated that one of my laid-off employees is not in good standing for failing to pay union dues, and has requested that the employee be discharged. Even though he is laid off, the union still requires him to pay union dues. This is a good employee, and I do not want to terminate him. Am I required to do so? …

Consider ADA before firing after 12 weeks

01/01/2008

Q. Can FMLA leave be extended beyond the 12 weeks specified in the law? What if the employee is disabled and can’t return to work right away or can come back only part time? …

Sometimes it’s not what you do, but how you do it

01/01/2008

No one likes being treated poorly, and when shabby behavior is coupled with something as traumatic as losing a job, the treatment itself can be enough to start a lawsuit. That’s why it is crucial for supervisors and HR professionals to respect the dignity of each employee about to be discharged, no matter what the reason …

Union fails to pursue grievance? That’s its problem

01/01/2008

If an employee’s union rep doesn’t file a grievance and your organization later fires the employee based on an incident that could have been the subject of the grievance, the union is most likely on the hook for any damages …

Whistle-Blower alert: Don’t warn against reporting alleged wrongdoing

01/01/2008

What’s one of the quickest ways to a California Labor Code whistle-blower lawsuit? Discourage an employee from reporting to the government or law enforcement what she sees as possible illegal activity. If disciplinary action against a formerly good employee closely follows your discouraging words—watch out! Litigation won’t be far behind …

Do you know what your rogue supervisors are doing?

01/01/2008

It takes just one low-level manager or frontline supervisor to create havoc in the workplace. These people set the tone of workplace communications, and if that tone has sexual content, others are likely to follow the lead. That’s one good reason to make sure you do more than lecture on sexual harassment. Instead—especially if branch offices are located away from headquarters—HR should make spot visits to see whether anything is amiss …

Employee saying he ‘May’ have medical problem triggers FMLA

01/01/2008

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit …

Justified firing doesn’t mean employee can’t show harassment

01/01/2008

Sometimes, a problem employee claims harassment as a way to protect herself from legitimate discipline. When that happens, it may be tempting to ignore such claims on the presumption they are bogus. It may be tempting to dismiss her complaints as much ado about nothing. But you’ll ignore her at your own peril …

Ability to conceive irrelevant to pregnancy discrimination

01/01/2008

The Pregnancy Discrimination Act prohibits discrimination against pregnant women and those who may become pregnant. It also makes it illegal to retaliate against these women. In an interesting twist, the actual ability to become pregnant isn’t particularly relevant as long as the employee who claims discrimination can show her employer thought she might become pregnant …