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Terminations

Serious illness, not just its symptoms, triggers FMLA

05/01/2004
Issue: Can employees earn FMLA leave if they just show symptoms of an ailment that eventually becomes a qualifying “serious condition?” Benefit: The answer is “No.” You don’t have to …

The top 4 termination mistakes managers make

05/01/2004
Wrongful termination lawsuits are time-consuming, expensive—and almost always preventable. Here are four firing mistakes managers often make, plus what HR should do to keep them from happening.

Serious condition, not its symptoms, triggers FMLA

05/01/2004
The next time you consider a request for leave under the Family and Medical Leave Act (FMLA), remember this: For employees to be covered under the FMLA for their own “serious …

Telecommuters eligible for FMLA? Geography may be irrelevant.

05/01/2004
An account executive who telecommuted from her California home office sued her Kansas-based employer, claiming she was fired after taking FMLA leave to recover from surgery. The company said she was …

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Handle soon-to-retire employees with care

05/01/2004
Issue: If an employee has one foot out the door, can you push the other foot out, too?
Risk: “Retiring” an employee before he’s ready can open the organization to …

Ignorance of law is no defense for layoff-notice violation

05/01/2004
If your organization is weighing a plant closing or employee layoff, determine early whether you’re required to give employees notice under the Worker Adjustment and Retraining Notification (WARN) Act. Courts won’t …

Requiring training won’t constitute retaliation, court says

05/01/2004
Don’t worry about assigning an employee to a job in which she’ll need to upgrade her skills, even if that employee previously filed a lawsuit against your organization. Reason: As long …

To avoid ‘glass-ceiling’ lawsuits, study fairness of pay, promotions

05/01/2004
Glass-ceiling lawsuits, in which women or minorities claim they’re prevented advancement beyond a certain point, are tough to prove, but not impossible. If an employee can show a pattern of discrimination, …

Don’t bend truth in exchange for lawsuit waiver

04/01/2004
Former employees may ask you to put the best face, and possibly an unrealistic face, on their employment record, in exchange for releasing any lawsuit claims against you. But don’t enter …