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Terminations

Insist employees follow to the letter Michigan Employee Right to Know Act terms

11/01/2007

Michigan employees are entitled to look at their personnel files, and the Michigan Employee Right to Know Act sets out the procedure and penalties for employers that don’t allow access. Employees can sue for attorneys’ fees if their employers refuse access, provided they follow the rules. As the following case shows, courts take that requirement literally …

With proof in the underpants, pink slip is in the mail

11/01/2007

The Michigan State Police fired a Lansing forensic scientist who tested her husband’s underwear for DNA to see if he was cheating. Asked during her divorce hearing what she found, the scientist said, “Another female. It wasn’t me.” …

Short deliberation = big award in Detroit whistle-Blower case

11/01/2007

A Wayne County jury took just one hour to review three weeks of testimony before awarding $6.5 million to two former police officers who blew the whistle on corrupt city practices under Detroit Mayor Kwame Kilpatrick …

Planned Parenthood defends race discrimination case

11/01/2007

Planned Parenthood Centers of West Michigan in Grand Rapids won a race discrimination case filed by a black health care specialist, who was fired for falsifying patient records and dispensing emergency contraceptive pills (ECPs) without required staff approvals …

On the hook for FMLA transgression? Offer immediate reinstatement to cut liability

11/01/2007

The FMLA is a complicated law, ready to trip up even the savviest HR specialist. Often, a case turns on the employer’s subjective motivation rather than its objective action. What do you do once you realize your organization may be on the hook for an FMLA violation? The answer: Immediately, unconditionally offer to reinstate the employee. You will cut back-pay and failure-to-reinstate liability …

U.S. Supreme Court tosses out Best Buy discrimination suit

11/01/2007

The U.S. Supreme Court refused to hear a sex-discrimination case brought by a general manager of a Best Buy store in Savannah. The lawsuit accused Best Buy of firing the manager because she complained to a company hotline that her supervisor sexually discriminated against her …

It depends on how you define ‘Overheard’

11/01/2007
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Stay on top of FMLA recertifications—Track when employees receive your requests

11/01/2007

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms …

Dismissed pathologists allege discrimination by coroner

11/01/2007

Two white pathologists have sued the Marion County coroner, alleging their terminations were based on race, not merit. The two were terminated eight months into a five-year contract. The coroner’s office gave no reason for the dismissals …

FedEx’s federal fallout lands in Indiana court

11/01/2007

FedEx Ground/Home Delivery drivers have filed suit in the federal district court in South Bend, claiming the delivery giant fired them in retaliation for exercising their legal rights. The California-based drivers, who operate single routes as contractors, have fought for years to obtain employment status with the company …