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Terminations

Call lawyer ASAP if your last-chance agreements require employees to give up Title VII rights

06/25/2012
The EEOC has just won a significant legal victory without even having to go to trial. It recently alleged that some last-chance agreements automatically violate Title VII if they prevent employees from filing EEOC actions. The agreements in question contained a clause that had em­­ployees promising not to file discrimination charges in exchange for keeping their jobs.

Sound policy beats post-firing lawsuits

06/25/2012
You just terminated an employee for misconduct or poor performance. A few weeks later, you receive an EEOC complaint alleging that the employee suffered years of harassment and discrimination. If you didn’t have clear rules in place for reporting such conduct, you may be facing years of litigation.

No Title VII protection for illegal immigrants

06/25/2012

Employers can’t discriminate against someone based on her  national origin. But what about discrimination based on whether someone is in the country illegally? Is that also national-origin discrimination? The answer is a resounding “No!” according to a recent 7th Circuit Court of Appeals case.

Tell bosses: Include details in evaluations

06/21/2012
Here’s an important reminder for supervisors: Details count at evaluation time, especially if poor performance will lead to a performance improvement plan or even discharge.

Public employer? Beware retaliation against employee who testifies in civil rights case

06/20/2012
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.

Minnesota backs away from edge of retirement ‘cliff’

06/18/2012
The Minnesota state government has settled the last age discrimination claims resulting from early retirement packages offered to state employees.

Tragic personal history doesn’t excuse misbehavior

06/18/2012
If you have a no-violence rule, you don’t have to alter the punishment based on the employee’s personal history, no matter how tragic.

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

OSHA seeks reinstatement of art school whistle-blower

06/11/2012
OSHA is suing the Manatee School for the Arts in Palmetto after it fired an employee who complained to the feds about safety concerns.

Company itself may be liable when CEO is the harasser

06/11/2012
Here’s a difficult situation for even the most experienced HR pro: What should you do if you believe the head of your company is a harasser? There’s no easy answer, as this case shows.