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Terminations

HR: Carefully review firing plans; courts will frown on ‘rubber stamp’

12/01/2003
It’s not impossible to discipline employees who complain of discrimination. They’re not untouchable. Just make sure you can show that the discipline flows from objective performance factors, not retaliation.
Still, …

Court: ‘Serious health condition’ requires 3 full days of incapacity

12/01/2003
When it comes to judging whether an employee’s serious health condition qualifies for Family and Medical Leave Act (FMLA) protection, require at least three consecutive, full days of incapacity. A new …

Here’s more reason to stick to the facts when providing employee references

12/01/2003
Many states provide some immunity for employers who furnish truthful, fact-based employment references. But, as the following case shows, that immunity can evaporate if you provide false information or make malicious …

Brush up on WARN Act rules; fed report prompts more scrutiny

12/01/2003
Count on hearing more about the Worker Adjustment and Retraining Notification (WARN) Act in the coming months. Reason: Employers comply with the law (which requires 60-days’ notice of mass layoffs or …

Can you accommodate disabilities you don’t know about?

11/01/2003
Issue: The Americans with Disabilities Act requires disabled employees to advise you about their need for accommodation. Benefit: Courts will side with you if you can …

‘Self-defense’ is no excuse for ignoring anti-violence rules

11/01/2003
Issue: Employees may try to use “self-defense” as a reason for breaking your no-fighting rule.
Risk: That would limit your ability to punish violent workers …

Accommodate workers’ eating needs when it’s medically necessary

11/01/2003
You must accommodate employees with disabilities. But what’s technically considered a “disability” under the Americans with Disabilities Act (ADA)? The law says it’s any physical or mental impairment that limits one …

Do the math before taking action
against employee on FMLA leave

11/01/2003
When calculating an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave, always double-check your math, then run it by an HR boss or employment lawyer.
While you …

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

An unsigned contract can still be legally binding

11/01/2003
Issue: Some courts consider agreements, signed or unsigned, to be valid, binding contracts.
Risk: A manager’s verbal promise could lock your company into legal agreements it must follow …