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Terminations

Don’t punish staff for off-site political comments, but at work, it’s your call

01/01/2004
As the calendar turns to an election year, here’s a good point to remind managers: Don’t retaliate against employees or applicants simply because of their off-duty political activities and comments …

You can enforce ‘last-chance’ pacts with on-the-ropes employees

01/01/2004
Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They’re common in cases involving alcohol abuse, drug abuse …

Is quitting the same as being fired?

01/01/2004
The Supreme Court agreed last month to clarify a vexing question about employer liability in sexual harassment cases: Do employees who quit and then claim harassment possess the same rights as …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004
The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Managers can sink you with ‘spiteful’ references

01/01/2004
Issue: Court ruling makes it easier to win defamation suits stemming from poor job references. Risk: Thousands of dollars in defamation claims. Action: Limit the number of people authorized …

Don’t take a manager’s word that he’s not retaliating

01/01/2004
Issue: Courts will frown on “rubber-stamped” discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal “conspiracy” to retaliate. Action: …

Don’t mess with FMLA’s leave restrictions

01/01/2004
Issue: Courts continue to ambush employers’ attempts to tighten leave-notification procedures. Risk: Following a policy that violates federal law. Action: Route employee-absence calls to one person (possibly you) who …

Steer clear of these 7 red flags before you terminate

01/01/2004
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React quickly to employee threats

01/01/2004
Issue: Firing someone who threatens a co-worker may be worth the risk of being sued for wrongful discharge. Risk: Wrongful-discharge claims versus serious injury or even death: Which would be …

Reverse age bias is rarely an issue with early retirees

01/01/2004

Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years, but fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way? —T.G., Florida