Terminations

Elevator company settles with shafted employee

10/01/2013

Schindler Elevator Corp. has agreed to settle an EEOC race discrimination lawsuit filed after it laid off a black elevator mechanic from its Charlotte office, even though he was rated higher than almost all his white co-workers who were retained.

Consider alternatives to cash severance

09/30/2013

If you offer severance packages to terminated employees, don’t assume they’ll only settle for a lump sum of cash. With the economy still recovering and uncertainty simmering over health care reform implementation, employees are choosing less severance pay and more benefits.

San Diego’s mayor resigns, settles sexual harassment claim

09/27/2013

San Diego Mayor Bob Filner has resigned after settling sexual harassment claims against him.

Less liability if you knew of disability on hiring

09/16/2013

Some employers worry that hiring a disabled employee increases the chances they will be sued for disability discrimination. Don’t worry needlessly. The fact that you knew the employee was disabled actually helps later if he sues for discrimination.

Independent investigation key to clean terminations

09/10/2013

Before you terminate an employee for breaking a company rule, be sure that you have someone else look at the situation. Never rely strictly on the supervisor’s view of events.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013

Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

No individual liability under federal, NY layoff notice laws

09/06/2013

Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Notification Act (WARN) and the New York State version of the law, there is no individual liability for violations.

The clock is ticking: Note exact date employee learned of termination decision

09/06/2013

Former employees have deadlines for filing complaints over their termination or other employment discrimination claims. In most cases, they have to act within 300 days. Missing the deadline means they forever lose the right to sue.

Cursing car salesman can’t get unemployment benefits

09/03/2013

A car salesman fired after he cursed and threatened a customer has been denied unemployment benefits.

OK to broach retirement option before layoff

08/26/2013

Merely informing an older worker that he or she may be eligible for retirement benefits while discussing a layoff isn’t evidence of age discrimination.