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Terminations

Uneven Comp-Time Policy Can Cause Trouble

09/01/2001

Q. Our company manual doesn’t address compensatory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some and not to others. Can we negotiate our own terms with each employee? —E.B., Oregon

Put ‘unwritten rules’ in writing

09/01/2001
Interstate Brands Corp. had an unwritten policy that required a doctor’s note to confirm all absences caused by a work-related injury. When Cynthia Bausman didn’t produce …

Once you accommodate disabled, proving ‘hardship’ gets tougher

09/01/2001
When Larry Skerski began working as a cable technician, about half his job involved climbing ladders, poles and towers. But a decade into his job, he developed a panic disorder when …

Small, but vital, function of a job may make it ‘essential’ under ADA

09/01/2001
Job descriptions at Northern States Power Co. make it an “essential function” for customer service reps to handle emergency calls like gas leaks and downed power lines. Loretta Emerson handled …

Simple accommodation efforts can avoid major headaches

09/01/2001
Cathy Collings wanted to fire one of her employees, a state social worker, because he refused to license homosexuals as foster parents. The worker said that his religious beliefs prevented it. …

Disabled worker isn’t entitled to work-at-home accommodation

08/01/2001
Lynn Heaser blamed the air quality in her office at Toro for her health problems, which were diagnosed as everything from allergies to chemical sensitivities. She asked to work from …

Manager’s insubordination wins protection

08/01/2001
Jane Foster had a tough decision: Follow the Americans with Disabilities Act (ADA) or follow her boss’s orders. She went with the ADA and got fired. But a court has ruled …

Don’t drag feet on accommodation; delay can equal discrimination

07/01/2001
Part of Rose Selenke’s job as a radiology technician involved developing mammography films. She suffered from sinus problems and frequently complained about fumes in the darkroom. The first time her …

Newborn’s Medical Problems May Warrant Shorter Hours

07/01/2001

Q. A long-standing employee recently took leave under the FMLA to give birth, but her twins have many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she’s not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would this individual be entitled to unemployment compensation if we terminate her? —G.B., New York

Tell employee the complete reason for firing.

07/01/2001
Rodney Smith was told he was being fired from his probation officer’s job because he violated the employer’s drug and alcohol policy. In court, the county claimed Smith was fired for …