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Terminations

Employee caught in detergent sting loses disability case

06/01/2007

An inventory manager lost a discrimination lawsuit against the Atlanta Community Food Bank because he failed to meet the ADA’s disability standard …

Don’t be caught by surprise: Spell out harassment policy

06/01/2007

Your anti-discrimination and harassment policy won’t help much if employees don’t know it exists or how to make complaints. If they suffer in silence, the first you’ll know about harassment may be when you receive an EEOC or a New Jersey Division of Civil Rights complaint …

‘Soft’ termination rationale increases chance of jury trial

06/01/2007

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely …

Vice president says he was fired for passing the CEO’s joint

06/01/2007

A former executive vice president of Roscom Inc., a Croydon-based manufacturer and distributor of polyvinyl chloride products, alleges he was fired for refusing to smoke marijuana with CEO Nick Lynch …

In FMLA case, you must be present before you can leave

06/01/2007

A woman who worked for the Philadelphia Water Department lost her FMLA claim because she did not meet the basic employment qualifications …

Pregnancy and ADA

06/01/2007

Q. An employee we hired two months ago has been absent frequently. She just informed us that: She is three months pregnant; is often too sick to work due to her pregnancy; has been told by her doctor that she can work only part-time for the next several months; and might be on bed rest for the last two months of her pregnancy. It is necessary for her to perform her job on a full-time basis without excessive absences. Is pregnancy covered under the ADA? Can we terminate her to hire someone who will be there full-time?

Make sure agreement doesn’t include no-Lawsuit clause

06/01/2007

Using independent contractors can save money on benefits, overtime, workers’ compensation and a whole host of other costs associated with having employees. But watch out if your agreements with independent contractors include a clause prohibiting them from taking “a position contrary” to their status as independent contractors …

Use workers’ compensation policy checklist to avoid retaliation lawsuits

06/01/2007

Texas, like many states, makes it illegal to retaliate against employees who file workers’ compensation claims. To avoid such a lawsuit, make sure managers and supervisors treat injured workers fairly …

Solid reasons for firing protect against retaliation charges

06/01/2007

Nothing will land an employer in legal hot water faster than firing an employee who just made a discrimination complaint. At first glance, it will almost always look like retaliation. But that doesn’t mean your hands are tied …

Act fast to remove supervisors who make racist comments

06/01/2007
Adopt a “zero tolerance” policy for managers or supervisors who make racist comments. Those caught making derogatory or discriminatory comments (à la Don Imus) should be promptly shut down. If you don’t fire or at least remove them immediately, their words may come back to hurt the company …