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Terminations

Keep job open for worker called to jury duty

03/01/2001

Q. We are a small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial? —J.W., New Jersey

Co-worker romance: Set a policy that balances rights, liability

03/01/2001
Jess McCavitt claims his company withheld a promotion and then fired him for being romantically involved with another officer in the company. He said their relationship had no effect on their …

Addiction isn’t a license for unacceptable behavior.

03/01/2001
The city of Chicago fired Daniel Pernice after he was arrested off duty for disorderly conduct and possessing cocaine. He argued that his addiction was a disability and having drugs was …

Take direct approach to firing

03/01/2001
As Mary Flaherty saw it, her bosses at Metromail were running an organized campaign to make her so miserable that she’d quit. Flaherty, 61, says supervisors subjected her to sexist and …

Commission must be paid at same time as wages

03/01/2001

Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month’s notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania

Inability to work overtime doesn’t mean worker is disabled

02/01/2001
As a senior train operations manager, Clyde Kellogg regularly put in 60 hours to 80 hours a week, including weekends, holidays and at home. That is, until he appeared to have …

Good planning limits fallout from FMLA misunderstandings

02/01/2001
Moira Kelly received an extension of her maternity leave, with one caveat. Her company informed her by letter that she was considered a “key employee” under the Family and Medical Leave …

Having a good business reason trumps speculation

02/01/2001
After Gary Rowe had a kidney transplant, his medication was costing his employer more than $1,000 a month, and his supervisor frequently asked about his condition. When that supervisor had to …

Body Odor: Clear the Air Over Staff Dress Code

02/01/2001

Q. In the December 2000 issue, you discussed the topic of employees with body odor. We also have a staff member with body odor so bad that other staff members have complained and even threatened to leave the agency. The employee has been disciplined several times and required to go home without pay until she agrees to comply with the dress code. At what point can we legally terminate her? —A.S., Michigan

Refusing to follow orders doesn’t always equal insubordination

02/01/2001
The new fire alarm system at Seattle’s Key Arena automatically cuts off the public address system so that emergency personnel can issue instructions. When the feature disrupted Sonics basketball games, arena …