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Terminations

Understanding religious accommodations in Ohio workplaces

04/01/2007

Ohio mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

Firing after FMLA: Potentially legal but usually unwise

04/01/2007

The FMLA doesn’t forbid you to fire employees after they return from FMLA leave, or even while they’re on it. You’re simply prohibited from firing them because they took FMLA leave …

Stray From Progressive-Discipline Policy at Your Own Risk

04/01/2007

If you have a progressive-discipline policy in your employee handbook, it’s legally wise to follow it carefully with all employees. If you deviate from it and fire a worker quickly, be prepared to provide a good reason …

No disability discrimination if worker isn’t qualified for job

04/01/2007

A hospital secretary who suffered chronic arm pain after puncturing her thumb with a contaminated pin recently lost her disability-discrimination lawsuit …

Quick fix can help avoid harassment liability

04/01/2007

Q. One of our male supervisors fired what we in HR thought was a poor-performing female employee. During the exit interview, the terminated employee told us that her supervisor fired her because he was sexually harassing her and she threatened to report him if it didn’t stop. It turned out that her claim was legitimate. We immediately called her back to work.

We thought we had dodged a bullet but, unfortunately, we’ve been contacted by her attorney, who threatened a lawsuit unless we agree to settle her claim for a lot of money. We will contact an attorney to represent us, but we want to know if the fact that we brought her right back to work is going to make a difference? —L.W.

Former editor sues Wilkes-Barre newspaper for age bias, retaliation

04/01/2007

Allison Walzer, former editor of the Wilkes-Barre Times Leader, has added a retaliation claim to a pending discrimination lawsuit against the newspaper, where she worked for 24 years …

This jury verdict didn’t break any records

04/01/2007

Although a 63-year-old quality control inspector won his age-discrimination lawsuit, a jury awarded him only $1 in damages …

What should you do if an employee gets arrested?

04/01/2007

It’s Monday morning, the coffee has yet to be brewed and already a huge problem has dropped onto your desk. An employee left a voice mail saying he has been arrested. He doesn’t say what happened, but the very next message is from a local newspaper reporter asking for details about the employee’s work history …

Worker fails to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? — T.B., Tennessee

Are certain industries exempt from the FMLA?

04/01/2007

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York