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Terminations

Warn managers: Avoid assumptions about pregnant employees’ limits

11/01/2004
The Pregnancy Discrimination Act (PDA) says you can’t fire, demote or discipline a pregnant employee simply because of her condition. Take that one step further by reminding supervisors that they also …

Firing family members? If they’re at will, it’s your call

11/01/2004

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri

‘Creative workplace’ defense won’t beat harassment suit

11/01/2004
Issue: A court ruling said sitcom writers have a “creative necessity” to engage in overtly sexual banter.
Risk: While the TV network was allowed to use this defense in a …

‘Use-it-or-lose-it’ vacation policy usually legal, but check state law

10/01/2004
If you have a vague (or nonexistent) vacation policy, you’re simply asking for a lawsuit. That’s why it’s important to make sure your organization clearly spells out whether employees can roll …

Centralize job references to minimize exposure

10/01/2004

Q. Concerning writing reference letters, we have a few supervisors who think it’s OK to write them only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Help! —P.T., South Dakota

What do you do when the big boss is a harasser?

10/01/2004
Issue: How to handle harassing behavior by your organization’s top dogs. Risk: Going easy on them will come back to haunt you; courts hold higher-ups to a higher standard than …

Accommodate religious requests; don’t argue ‘sincerity’ of beliefs

10/01/2004
Federal anti-discrimination law says you must offer reasonable accommodations to employees’ “sincerely held religious beliefs or practices,” as long as the accommodation wouldn’t place an undue hardship on your organization. But …

You can place some conditions on employees’ FMLA leave

10/01/2004
While you can’t base firing decisions on an employee’s decision to take Family and Medical Leave Act (FMLA) leave, that doesn’t mean you’re powerless to act against employees who flaunt your …

Employees can’t claim retaliation if they’re not FMLA-eligible

10/01/2004
The Family and Medical Leave Act (FMLA) protects employees against retaliation for taking FMLA leave. But a recent court decision makes clear that employees retain these rights only if they’re actually …

Stop managers from using bullying as ‘motivation’

10/01/2004
Your organization counts on its supervisors to motivate employees. But that doesn’t give supervisors free rein to use whatever tactics necessary. As the following case proves, you have the right, and, …