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Terminations

Looking for a court fight? Crack down after worker complains

12/01/2007

Timing is everything, especially when it comes to retaliation. That’s why it’s crucial for supervisors and managers to understand: Once an employee has filed a complaint, don’t suddenly start enforcing rules you let slide before. If you do, the likely result will be a retaliation lawsuit …

Saigon Grill told delivery drivers to hit the road

12/01/2007

The National Labor Relations Board (NLRB) has accused Manhattan’s Saigon Grill restaurants of illegally firing 22 delivery drivers because they requested minimum wage. The workers complained they were paid as little as $120 for a workweek that sometimes reached 75 hours …

Firing after FMLA leave makes ADA request irrelevant

12/01/2007

Employers sometimes find themselves in tricky situations: An employee who has exhausted FMLA leave cannot return to work yet, but might be able to after more time off as an ADA accommodation. In effect, the ADA may extend leave if the employee is disabled. But a new case shows that an employer’s quick action may stop the clock …

Club manager, golf pro resign in wake of harassment suit

12/01/2007

The general manager resigned and the head golf pro was fired at Egypt Valley Country Club in Ada after a former assistant golf pro filed a $100,000 lawsuit over sexual bullying …

Don’t retaliate against harassment victim who calls police

12/01/2007

Here’s a risk you may not have considered: Ignoring a sexual harassment complaint may prompt the alleged victim to get help from outside law enforcement agencies. React inappropriately and you’re likely to have a retaliation suit on your hands …

Discipline tracking system beats discrimination claims

12/01/2007

Can your organization produce concrete evidence backing up every disciplinary decision it’s made? You need a tracking system that does just that. Here’s why …

No substantial limitation? Obesity isn’t an ADA disability

12/01/2007

Even as America’s waistline expands, employers can take some comfort in knowing that obesity, by itself, does not constitute a disability under the ADA. Unless an employee’s obesity substantially limits his ability to perform a major life function, he isn’t covered by the ADA …

The Geo Group hit with religious discrimination suit

12/01/2007

The EEOC has slapped The Geo Group, a Boca Raton-based prison management company, with a religious discrimination lawsuit over the company’s 2005 ban on Muslim head scarves …

One lost lawsuit doesn’t necessarily lead to more

12/01/2007

Has your organization lost a previous race discrimination lawsuit? Ouch! You can bet some of your employees filed away that information for future use. However, you can take heart in a court’s recent decision that having previously lost a discrimination suit doesn’t constitute “proof” that your organization continues to discriminate—unless the new case deals with exactly the same type of alleged discrimination …

It’s OK to have higher expectations of employees during probationary period

12/01/2007

If your organization uses a probationary period to test out employees before making permanent hiring decisions, know that you can—and perhaps should—expect more during that period than you may later. It’s not unreasonable to expect new employees to be on their best behavior …