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Terminations

Use confidentiality clause to guard against ‘Litigation theft’

06/01/2007

Employees pursuing legal actions against their employers sometimes snoop around to see what documentary “evidence” of wrongdoing they can find around the office. Protect yourself by having a clear policy against such unauthorized document distribution …

Any pregnancy problem is a serious condition under FMLA

06/01/2007

When it comes to a pregnancy, employers may want to follow the safest path: Approve any absences that are even remotely related to the pregnancy as FMLA-covered time off …

No medical certificate? You can still run FMLA leave with PTO

06/01/2007

The U.S. Labor Department allows you to run FMLA leave concurrently with other paid time off. That’s your decision to make, not the employee’s. The result: no more than 12 weeks off. The same is true even if the employee never provides you with medical certification of a serious health condition …

Whistle-Blower fired over fire

06/01/2007

An Ohio employer got burned after it fired an employee two days after he told an insurance inspector about a malfunctioning fire alarm …

The court affirms: Your employee has the right to an attorney

06/01/2007

An Ohio appeals court significantly expanded employees’ rights recently when it upheld a fired employee’s right to trial after her employer terminated her because she threatened to talk to her attorney …

Employer statements to NASD can’t be the basis for defamation lawsuits

06/01/2007

Attention: HR pros in financial services firms: If you’ve worried that reporting a terminated employee’s alleged wrongdoing to the National Association of Securities Dealers might leave you open to a defamation lawsuit, relax.  The Court of Appeals of New York has ruled such statements are absolutely privileged …

Higher standards OK for probationary employees

06/01/2007

If yours is like most organizations, you probably make new employees serve a probationary period. It can provide insight into the new employee’s ability, attitude and how well he or she fits in. During probation, you can hold new employees to a higher standard than established employees …

After ‘Joke,’ SeaWorld Fires Employee for Shooting Threat

06/01/2007

When a SeaWorld employee told co-workers he idolized the Virginia Tech shooter and that he wanted to “do what happened at Virginia Tech here at SeaWorld,” SeaWorld promptly fired him and called the police …

ChildNet could have used ‘Dragnet’ detective work

06/01/2007

Two facility managers for ChildNet, the agency that runs Broward County’s child welfare system, were fired after being implicated in several thefts at the agency …

Require certification if intermittent leave ‘Need’ might be bogus

06/01/2007

It’s one of the most challenging FMLA problems: An employee with a chronic health condition says she needs intermittent leave and uses it as an excuse to take time off whenever she wants. You suspect she’s taking advantage of your organization, but worry that turning her down may trigger an FMLA lawsuit …