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Terminations

Bankrupt worker protected from bias, but only if he formally filed

02/01/2003
The U.S. Bankruptcy Code says it’s illegal for private companies to fire employees, or refuse to hire applicants, solely because they’ve filed for bankruptcy. But what …

Doing half a job is not a reasonable accommodation request

02/01/2003
After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn’t have any disability that would prevent him from doing …

Don’t punish employees for participating in legal probes

02/01/2003
Kimberly Hill, a 10-year employee at the Kentucky Lottery Corp., testified at an unemployment compensation hearing on behalf of a co-worker who alleged discrimination. Soon …

Heads up: Workers can sue over ‘potty parity.’

02/01/2003
A manufacturing firm’s new plant had only one restroom, which was designed for men. Female workers were told they had to use that restroom during work hours, …

Undocumented workers can sue for retaliation under FLSA

02/01/2003
Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …

Shutdown caused by sudden loss of business won’t trigger WARN Act

02/01/2003
An automobile-parts manufacturer got a jolt when a major customer refused to pay for a shipment and ceased all future orders without warning. That forced the manufacturer …

ADEA: Prevent fastest growing, most expensive type of bias

01/01/2003
Expensive mistake Median award by type of bias: ’94-’00 cases Age $268,926, Disability 175,001, Race 120,951, Sex 100,000. Source: Jury Verdict Research …

Beware new court trend: Employees use expert to shift blame for failure

01/01/2003
If an employee drags you into court, don’t be surprised if the worker totes along his own expert witness to put your company in a bad light. More employees are …

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Don’t stray from layoff procedures

01/01/2003
A 65-year-old employee was laid off as part of a reduction in force. She claimed her supervisor had made age-related comments, and the company failed to follow its published RIF criteria …