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Terminations

Build a Sturdy ‘Escape Hatch’ Into Your Organization’s Discipline Policy

12/01/2006

Does your employee handbook outline a progressive discipline process and also include a contract disclaimer? If so, you may think the disclaimer prevents employees from claiming that the discipline policy was a "contract" that can’t be skipped over in favor of instant termination. But you’d be wrong …

Documenting ‘In Case of Litigation’ Isn’t Proof of Job Bias

12/01/2006

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? …

Navigating the National Labor Relations Act

12/01/2006

Congress passed the National Labor Relations Act (NLRA) in 1935 largely as a way of raising depression-era wages. The law gives employees basic rights to participate in unions, bargain collectively about compensation/ work conditions and engage in other protected "concerted activities" …

Contesting Unemployment for Drunk Ex-Employee

12/01/2006

Q. We sent an employee home because he came to work clearly intoxicated. The police later picked him up wandering around, and he missed work because he was in jail sobering up. We fired him, and he filed for unemployment. Can we use the police report to challenge his unemployment claim?—R.H. Florida

Merely reporting an injury doesn’t trigger FMLA notice

12/01/2006

The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave …

‘Adios, Regular Guys’; radio show sued for DJs’ harassing antics

12/01/2006

The “all in good fun” argument didn’t pan out for Larry Wachs and Eric Von Haessler, the “Regular Guys” on WKLS-FM 96 Rock morning radio show …

‘Same characteristic’ hiring can limit bias claim

12/01/2006

When it comes to proving discrimination, the first hurdle employees have to jump through is showing that it’s more likely than not that your organization discriminated based on the person’s protected characteristic. But that’s nearly impossible to prove if the replacement employee shares those same characteristics with the fired employee …

Employees criticizing the firm? Where to draw the line

12/01/2006

Execs and supervisors may bristle at criticism from employees and instinctively want to punish offenders. But that apparent insubordination can sometimes be considered protected speech under federal or state law. Knowing what’s protected and what’s not is key …

Be wary of ‘Public policy’ exception to at-Will employment

12/01/2006

While at-will employment is the standard in Pennsylvania, the right to fire an employee with or without cause is not absolute. Your organization can be sued under state law if former employees can show that they were fired in retaliation for exercising a right protected by Pennsylvania law …

Termination reasons needn’t be long laundry list

12/01/2006

Firing an employee is a painful process. But delivering the news needn’t turn into a marathon discussion or airing of every management beef about the employee …