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Terminations

OK to lay off worker who took FMLA leave as long as that’s not a factor in the decision

07/31/2012
Once an employee has used up FMLA and other leave, requiring employees to show up and get their work done is a reasonable expectation. In the following case, the court reasoned that the employer could consider attendance when deciding personnel cuts, as long as it didn’t use FMLA leave as a factor.

Texas Supreme Court clarifies: It’s not age bias if new worker is older than the original

07/31/2012
The Texas Supreme Court has just made it much easier for employers to avoid age discrimination claims. In what the court calls a “true replacement case” under the Texas Commission on Human Rights Act, an older worker must show that she was replaced by a younger worker.

Is it legal to raise sales quotas and then fire reps who don’t meet them?

07/27/2012

Q. As a large retail business, we employ several demo reps who present products to shoppers in the hope they’ll buy them. Recently, we’ve had to put increasing pressure on our demo reps to increase sales up to 200%. If a demo rep doesn’t meet the new goal, can we terminate him or her? Do they have legal recourse should they be fired?

Don’t tolerate argumentative and disruptive worker

07/27/2012

Some employees seem to have no problem picking fights and engaging in arguments with co-workers, customers and supervisors. You don’t have to put up with it. Generally, courts are hesitant to second-guess an employer’s decision to fire a disruptive worker un­­less there is a compelling reason.

Track your fair and equitable discipline to prove you don’t discriminate

07/27/2012
Even an employee who was terminated for good reasons can win a discrimination lawsuit if she can show that someone outside her protected class wasn’t fired for the same transgression. That’s why you must track all discipline.

HR, IT must work together: Document when, why computer systems crashed

07/27/2012

Why should HR worry about what the IT department does? After all, you’re about people; they’re about hardware and software. But there is one time when HR must collaborate with IT, and that’s when the computer system crashes. All manner of HR mayhem can ensue, and you had better be able to explain it.

Separate who approves FMLA, who disciplines

07/27/2012
Make sure someone other than the supervisor who ordinarily disciplines an employee is responsible for approving and administering FMLA leave. By separating those functions, you minimize the risk that an employee might be able to connect FMLA leave with an adverse action such as termination.

Consider ADA before applying tardiness rules

07/27/2012

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

After surgery, look for ways to accommodate employee

07/25/2012

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just be­­cause she’s used up her FMLA leave and still needs help during recovery.

Federal court to decide: Does firing a pregnant employee violate public policy in N.C.?

07/25/2012
A federal court has said it will soon decide a case that may make pregnancy discrimination illegal in North Carolina. At issue is whether North Carolina employers are liable for wrongful discharge if they fire a pregnant woman from her at-will job.