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Terminations

Car dealer had a right to send salesman packing

12/01/2007

A salesman for Spring Hill Ford in East Dundee sued the company for race discrimination after he was fired for tardiness. Harland Creal admitted reporting to work 45 minutes late one afternoon in May 2005, but said his supervisor reprimanded him on the showroom floor and then became angry and orally abusive …

‘Cultural fit’ might be code for age discrimination

12/01/2007

Each organization has its own culture, and some even strive to differentiate themselves based on that unique atmosphere. But some words of caution are in order: If you use “cultural fit” to limit applicants or to drive out those who don’t conform, prepare for trouble …

Nuclear plant whistle-Blower terminated, then sues

12/01/2007

An engineer at a Georgia nuclear plant was terminated and escorted from the plant after he filed a complaint about plant safety with the Nuclear Regulatory Commission (NRC). The engineer filed the complaint after a valve at the plant became stuck, affecting the plant’s ability to control the nuclear reaction …

Bad noose for airport worker

12/01/2007

A construction worker at a rental car facility at Hartsfield-Jackson Atlanta International Airport was fired for hanging a noose at the job site. Co-workers discovered the noose when they came to the job site one morning. Investigators could not determine a motive for the employee’s actions …

Madison County settles in religious discrimination case

12/01/2007

An agnostic paramedic sued Madison County for religious discrimination after the county offered Christian counseling, held Christian prayer meetings in the workplace and allegedly terminated him because of his agnosticism …

Investigate—And then explain decision to discipline or not

12/01/2007

Just about every harassment allegation deserves some sort of investigation. After all, that’s the only way to tell what is really happening down in the trenches. But that doesn’t mean each and every accusation should result in discipline or some other tangible action …

‘Last-Chance agreements’ are reasonable accommodations for substance abuse

12/01/2007

A court has ruled that so-called “last-chance agreements”—which put off discharge in favor of treatment for an active drug or alcohol problem—are valid as reasonable accommodations. If last-chance agreements were banned, employees with substance abuse problems would lose an important avenue toward keeping their jobs …

Give HR the authority to investigate, impose discipline

12/01/2007

Supervisors faced with difficult employees can’t always put aside their emotions. That’s why it’s best for everyone involved if HR takes the lead investigating employee infractions and decides on the appropriate discipline. A prompt, fair and dispassionate investigation by HR professionals is the key to avoiding unnecessary lawsuits …

Illegal status doesn’t bar employee’s discrimination claim

12/01/2007

While it may be unlawful to employ illegal immigrants under the Immigration Reform and Control Act, that doesn’t mean undocumented employees can’t sue for alleged employment discrimination based on other factors, such as pregnancy. Federal courts will still entertain discrimination lawsuits, ignoring illegal status …

FMLA and late certification: Can we fire for missed deadline?

12/01/2007

Q. As the law requires, my company provides FMLA leave to employees, provided they submit medical certification forms completed by their health care providers, within 15 days. A late submission is grounds for discharge under the company’s employee absence policy. Health care providers being what they are, we frequently receive forms after the deadline. I have a problem employee out on FMLA leave again, who has not submitted a medical certification form within the 15-day deadline. What options are available to me as the employer? Will the employee be protected by the FMLA if I choose to discharge her for not providing the certification form in a timely manner? …