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Terminations

Don’t rubber-stamp firings; verify supervisors’ reasons

09/01/2004
Issue: Should HR question a supervisor’s plans to fire an employee? Risk: If you take a termination report at face value, you may overlook bias by a manager. Action: …

Managers’ anti-mom stances can count as discrimination

08/01/2004
Issue: Managers who make assumptions about employees’ abilities to perform the job during and after pregnancy. Risk: A manager’s offhand remark …

ADA doesn’t give employee freedom to redefine his job

08/01/2004

Q. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We’ve offered him other positions, but he’s refused them all. Can we legally terminate him? —L.B., North Carolina

Base light-duty policy on business necessity; enforce it consistently

08/01/2004
Employers are very leery about firing pregnant employees, and rightly so. But don’t let your lawsuit fears paralyze you from taking legal, appropriate actions.
In short, federal law requires that …

Why you need a forfeiture clause in every job contract

08/01/2004

If your organization writes employment contracts for key employees, it may be making one costly mistake: unconditionally guaranteeing salary and benefits to employees, even if they commit misconduct that would warrant firing …

Resignation Notice Policy May Not Be Enforceable

08/01/2004

Q. Is it legal to require management employees to give us a longer resignation period than other employees? —M.L., Missouri

Are departed employees eligible for bonuses?

08/01/2004

Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns prior to the bonus payout date (say in January), do we have to pay that employee the bonus? —A.G., South Carolina

Employees rarely win emotional distress lawsuits.

07/01/2004
When a pharmacist sued for unpaid overtime, he also added an “emotional distress” claim, saying the company’s failure to pay overtime caused him to resign. The court didn’t buy it, saying …

Don’t stretch truth in exchange for lawsuit waiver

07/01/2004
Issue: When will a court hold you to an employment contract? Risk: Promising a former employee that you’ll fudge the truth on job references in exchange for a lawsuit waiver …

Can employees harass co-workers in the name of ‘creativity’?

07/01/2004
If your workplace has a “creative” side to it, listen up: A court has ruled for the first time that you can defend a sexual harassment claim by arguing a “creative …