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Terminations

Health Plan Cancellation Ends Your COBRA Obligation

04/01/2002

Q. Our business recently was forced to implement layoffs—and most remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is cancelling our policy. What’s our responsibility to that ex-employee? —G.B., Texas

Rehiring Is Your Call

04/01/2002

Q. We have a number of Hispanic employees who speak little or no English. One of these employees recently resigned through a Spanish-speaking co-worker acting as interpreter. She quit after we denied a raise because of problems with her timecard. Her mother called and demanded that we rehire her daughter. Are we under any legal obligation to rehire? —W.K., Maryland

A few brief incidents can create ‘pervasive’ harassment

03/01/2002
Three Hispanic men were hired as a house-painting crew for a contractor. Typically, the crew checked into the company’s office for only two minutes to 15 minutes a day, once in …

Ease strict noncompete pacts or risk wrongful discharge claim

03/01/2002
As part of a merger, Aetna U.S. Healthcare required employees to sign an agreement barring them from working for a competitor in the same state for two years or any competitor …

Enforcing Sales Quotas

03/01/2002

Q. As a large retail business, we employ several “demo staffers” who present products to shoppers in the hope they’ll buy them. Recently, given economic pressures, we’ve had to put increasing pressure on our demo staff to increase sales up to 200 percent. If a demo staffer doesn’t meet the new goal, can we terminate her? Do these workers have legal recourse should they be fired? —T.P., California

Gross misconduct gets tougher to prove

03/01/2002
After a Philadelphia school district fired a high-school math teacher for misusing money from the extracurricular activity account, the teacher sued. He claimed, among other things, that the school district refused …

Ex-employees: Gone but not forgotten Courts’ broader definition of ’employee’ expands your liability

02/01/2002
Who are your employees? Seems like a pretty simple question. But, as in several aspects of employment law, the answer may surprise you. Two recent court rulings illustrate how, in …

Don’t fear ‘cybersmear’; go after employees who libel you online

02/01/2002
Research scientist Michelangelo Delfino was fired for harassing fellow workers at a medical lab. A co-worker, Mary Day, resigned two months later. Soon after, the pair used the Internet to unleash …

Rework your severance plan: More prospective employees seeking this safety net

02/01/2002
Even if your company has avoided layoffs, it’s still time to rethink whether your severance plan is achieving …

‘Gross Misconduct’ Cancels COBRA Coverage

01/01/2002

Q. Do I have to provide a COBRA notice for an employee who is terminated for a positive drug test shortly after starting work? —D.W., Colorado