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Terminations

Don’t break severance promise to employee

02/01/2004
If your organization’s execs grumble about not wanting to pay a promised severance package, point them to this case: A company president refused to fully honor Donald Chisholm’s severance package as …

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

Don’t lash out at workers who take jury-duty leave

02/01/2004
Issue: Can a small organization point to its size as a valid reason to deny jury-duty leave?
Risk: State law exemptions won’t necessarily protect you from this type of lawsuit. …

‘Angel of death’ case highlights the risk of negligent hiring lawsuits

02/01/2004
When news reports surfaced in December that a New Jersey hospital nurse admitted to killing 30 to 40 patients in his 14-year career, a pattern of lax background checks emerged.
…

Clarify your vacation policy or cough up extra pay

02/01/2004
Issue: Must you always pay employees for their unused vacation time when they depart your organization?
Risk: An unclear vacation policy could allow terminated employees to sue you and collect …

Don’t delay on FMLA decision; act quickly or risk liability

02/01/2004
Issue: Notifying employees that their leave qualifies under the Family and Medical Leave Act (FMLA). Risk: Courts tend to resolve borderline FMLA eligibility disputes in favor of employees. Action: …

You can require tests to set disability accommodations

02/01/2004
Issue: How to follow Americans with Disabilities Act rules requiring an “interactive process” with disabled employees.
Benefit: You can reject an accommodation request if the employee won’t cooperate in the …

When deciding layoffs, rely on several objective factors

02/01/2004
When making the tough call about who receives a layoff notice (and defending that decision in court), rely on more than one evaluation tool.
Why? Overly rosy performance evaluations are …

Require proof of jury service

02/01/2004
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Don’t break severance promise, you may be personally liable

01/01/2004
A company president refused to fully honor employee Donald Chisholm’s severance agreement, even though it was clearly spelled out in Chisholm’s employment contract. So Chisholm sued for breach of contract and …