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Terminations

Overturning human rights commission decisions is an uphill battle

01/01/2008

When defending the termination of an employee who has filed a complaint with a local human rights commission, you must take the commission’s process seriously. Always get your attorney involved early, so you can defend yourself during the crucial initial stages. And don’t count on getting the commission’s findings overturned on appeal. Indiana courts have shown they won’t readily overrule commission conclusions …

St. Vincent Hospital fires worker over threatening note

01/01/2008

A white environmental services attendant recently sued St. Vincent Carmel Hospital, claiming racial discrimination and retaliation. He was fired for violating the hospital’s anti-violence policy …

The 10 rules every HR pro must know

01/01/2008

Lawsuits may be inevitable in today’s litigious society, but losing them is not. Follow these 10 rules to prevent the most common employment-related lawsuits—or at least increase your chances of winning them.

Show fairness by documenting all rule violations, discipline

01/01/2008

You must be prepared to show that you treated each and every employee equally when it comes to discipline. Otherwise, you may find yourself in the same situation as, in the following case, an employer that couldn’t recall how it had disciplined a white employee for violating an attendance rule, but fired a black employee for the same infraction …

Individual assessment—Not diagnosis—Key to ADA disability

01/01/2008

It takes more than a trip to the family doctor, a diagnosis and a prescription to establish a disability and qualify for protection under the ADA. Employees who say they are disabled must be able to show that they are substantially impaired in a major life function. And taking medication may mean an employee is not disabled because it can reduce the effects of even serious illnesses …

Noncompete agreements protect against the competitor working in your midst

01/01/2008

Texas law says that employees owe a duty of loyalty to their employers, but can still plan to enter into competition with that employer while still employed. That’s why it’s important to protect your trade secrets and business plans by developing a clear, comprehensive and binding noncompete agreement for employees to sign—one that prohibits the poaching of staff and clients and enforces confidentiality …

Grocery clerk stops shoplifter, loses job for breaking rule

01/01/2008

File this one under “no good deed goes unpunished.” Michigan grocery clerk John Schultz says he lost his job after trying to thwart the getaway of an alleged shoplifter. The firing offense? Touching a customer …

Steelworkers sue over WARN Act violations

01/01/2008

The United Steelworkers union filed a complaint against Meridian Automotive Systems Inc., claiming the company violated the federal Worker Adjustment and Retraining Notification Act when it permanently laid off workers at its Jackson, OH, plant in August of 2007 …

WARN notice: What if employees aren’t all terminated at the same time?

01/01/2008

Q. I’ve read that 50 or more employees must be affected by a plant closing in order to trigger a Worker Adjustment and Retraining Notification (WARN) Act notice requirement. We will be closing a plant, but it will take several months before all employees will be laid off. When are we required to give the notice? …

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …