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Terminations

The whole truth: Discrimination costs Philips Lighting $164,850

08/01/2007

A female temporary worker on a long-term assignment for NJ-based Philips Lighting Co. won a $164,850 verdict for gender discrimination against the company. The woman, who worked in the warehouse of the company’s Mountaintop, PA, plant, claimed the company offered full-time positions only to male temps. She asked about full-time employment several times and was told she was next in line. Instead, she was fired …

Not all absences are equal; punishment needn’t be either

08/01/2007

You know you can’t go easy on one person for attendance problems and come down hard on another for the same offense—especially if he or she belongs to a protected class. But, as the following case shows, courts will conclude a discipline process wasn’t discriminatory if you can show that tardiness or absenteeism affected important work goals, such as productivity …

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …

Houston jury awards manager almost $1 million for age bias

08/01/2007

A Houston-based seismic technology and equipment company is facing a nearly $1 million jury verdict as the result of a lawsuit brought by one of its former manufacturing managers. Input/Output terminated Gaines Watkins in 2002 when he was 68 years old, claiming the company was making changes that he was “incapable or unwilling” to implement. Watkins sued, claiming he was fired because he didn’t fit the company’s new youthful image …

Evaluating employee performance without creating legal liability

08/01/2007

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance …

Whistle-Blowers held to letter of the law

08/01/2007

The Ohio whistle-blower law protects employees who report wrongdoing from retaliation. But that doesn’t mean employees can add a whistle-blowing claim every time they sue after being discharged …

Threat to blow whistle on banking practices not protected

08/01/2007

An employee does not gain whistle-blower protection merely by threatening that he will go to the authorities …

Retain information on all recent reductions in force

08/01/2007

If your organization has gone through a series of downsizings over the last few years, be sure to keep complete and accurate records …

Noncompete agreements must meet tough Georgia standards

08/01/2007

Georgia courts generally don’t look kindly on overly broad noncompete agreements. If your organization uses noncompetes, make sure yours can meet the state’s tough standards …

Relocating the office? Employees can sometimes quit and get unemployment

08/01/2007

Pennsylvania employees who quit their jobs when their employers move can sometimes collect unemployment compensation. The Unemployment Compensation Board of Review looks at individual situations and determines whether the move forced the employees to quit for “necessitous and compelling” reasons. Examples include a longer, more expensive commute or disruption of child care routines …