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Terminations

Failing to follow call-in rules doesn’t void FMLA claims

05/01/2007

You probably have a policy requiring employees to call in when they need time off to deal with health issues or face termination for abandoning their jobs. But don’t expect your procedure to trump the FMLA …

Turns out, what you don’t say can hurt you

05/01/2007

Boston-based IT services provider Keane Inc. faces a discrimination suit because of what a manager didn’t say when an employee announced she was pregnant with twins …   

Good sense or meddling? Scotts’ no-Smoking policy tested in court

05/01/2007

Marysville-based Scotts Miracle-Gro faces a discrimination suit from a lawn care technician fired last fall after testing positive for nicotine in violation of the company’s tobacco-free workplace policy …

Boot rest: $5. Disability lawsuit: $272,500.

05/01/2007

Chester Hoist, headquartered in Lisbon, will pay $272,000 for discriminating against an inspector who was disabled on the job. …

Workers’ Comp: Ohio’s Top Court Says ‘Tough Luck’ to Safety Slackers

05/01/2007

The Ohio Supreme Court has ruled that employees who fail to follow safety instructions abandon their jobs in doing so and are not covered by workers’ compensation. While this may save employers some workers’ comp dollars in the short-term, it complicates the future of workers’ comp as the exclusive remedy for injured workers …

Hell hath no fury … but $9 million should help

05/01/2007

A female executive told a jury she hit the glass ceiling after her boss created a new position above her and filled it with a male. She filed suit against her employer, an aircraft manufacturer, and was fired shortly afterward …

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …

At-Will exception protects employees who refuse illegal order … if it’s actually illegal

05/01/2007

It’s illegal to fire an employee because he or she refuses to engage in illegal conduct. But this is a very narrow exception to the general rule of at-will employment …

Consider consulting an attorney before stating why you terminated an employee

05/01/2007

If you’re about to fire an employee for misconduct, think about consulting an attorney before you commit the reason to writing. Sometimes no reason is better than one that could trigger a discrimination lawsuit …

‘Pig’ kept right on working; hospital going straight to court

05/01/2007

A former critical care director at the University of Pittsburgh Medical Center (UPMC) Passavant has filed suit against the hospital claiming gender discrimination and retaliation …