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Terminations

Survive a PHRC probe only with precise documentation

11/01/2006

Conventional wisdom holds that employers won’t face strict scrutiny if they fire employees who aren’t meeting performance expectations during their probationary period. Conventional wisdom is wrong, at least when it comes to the Pennsylvania Human Relations Commission …

Tardiness Can Count as ‘Misconduct’ That Bars UI Benefits

11/01/2006

Under Florida law, employees who are fired can’t collect unemployment compensation if you fired them for "misconduct."  Unfortunately, the law doesn’t clearly define misconduct …

If Employees Sue, Double-Check Their Qualifications

11/01/2006

When employees sue you for discrimination, be sure to pull out their job applications and résumé for a second look. You may discover that they misrepresented their education or job history, which could sink their case …

Georgia Not Likely to Ban Sexual-Orientation Discrimination

11/01/2006

It seems safe to conclude that Georgia employers won’t have to worry anytime soon about a state ban on sexual-orientation discrimination in the workplace …

Isolated comments on accent not enough to prove bias

11/01/2006

No doubt, your managers and supervisors know not to ridicule someone’s accent or way of speaking. But what if an employee’s communication skills suffer on account of his other accent? Are you prohibited from mentioning that accent and recommending remedial help to better communications?

Discrimination lawsuit by lesbian nurse fails in court

11/01/2006

A federal judge in the Northern District of Texas recently dismissed a Title VII discrimination lawsuit brought by a lesbian nurse who claimed that she was fired because of her sexuality and appearance …

Carefully craft an escape clause in all job contracts

11/01/2006

If you use employment contracts for independent contractors or senior-level managers, make sure those contracts contain enough "wiggle room" to terminate for cause based on your subjective performance assessment …

You can fire managers who ignore harassment complaints

11/01/2006

The best harassment policy in the world isn’t worth the paper it’s written on if employees don’t take it seriously. To show your policy has teeth, you have to let it bite …

Reinstatement won’t erase your job-Bias liability

11/01/2006

Here’s more incentive to make correct employment decisions the first time around: A recent court ruling makes clear that employees can still sue under Title VII even if your organization quickly reverses a decision …

Beware giving contradictory reasons for a layoff

11/01/2006

When explaining to employees the reasons for a layoff, make sure you don’t contradict yourself. That’s especially true when the same manager gives an employee different reasons: A jury can take those contradictions and infer discrimination …