06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.
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06/03/2013
A frequent tactic for employees who have used FMLA leave and who are fired around the same time is to allege that they were terminated for taking FMLA leave. But those claims fall apart if the person making the termination decision didn’t know about the leave. That’s reason enough to limit access to FMLA leave information to those who need to know.
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06/03/2013
When someone claims age discrimination, he typically has to show that he was replaced by someone “significantly younger.” What that means is unclear—and courts seem in no hurry to come up with a hard-and-fast rule.
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06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.
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05/31/2013
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.
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05/31/2013
Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.
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05/28/2013
The financially troubled Harrisburg University of Science and Technology has asked a federal judge to dismiss a retaliation lawsuit filed by a former professor. She claims she was fired over criticism she and her husband leveled against university officials.
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05/28/2013
Many employers have revised their handbooks to include language requiring all employees to treat one another—as well as customers—with respect. But that doesn’t mean that employees who feel “disrespected” have grounds for a lawsuit.
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05/21/2013
When older employees hear the word “slow,” they may immediately assume that’s a code word for “old.” But sometimes, slow just means slow. If you have workers who can’t meet the job’s required—and preferably written—performance standards, you don’t have to keep them on staff, regardless of their ages.
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05/17/2013
You have no doubt heard that employees who break the same rule should receive the same punishment. That’s true in most circumstances. However, nothing prevents employers from treating similarly situated employees differently if the facts warrant it. In those cases, however, details matter.
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05/10/2013
Q. Our company has been having financial difficulties and we have considered reorganizing for several months. Our chief operating officer has been charged with determining whether any of the current jobs can be eliminated. Recently, before any final reorganization decisions were made, an employee came forward claiming that the COO had been harassing her and had created a hostile work environment ...
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05/09/2013
In Minnesota, employees are supposed to be paid promptly and receive an accounting of their time worked. Failure to comply may mean you’ll have to pay a penalty.
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05/09/2013
Employees who steal from their employers violate their duty of loyalty. That makes them ineligible for unemployment compensation. That’s true even if the theft is small. But you must be prepared with clear testimony if you want to contest the worker’s right to unemployment benefits.
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05/09/2013
Sometimes, an employee’s absence may show you that she isn’t as good at her job as you thought. If that’s the case for an employee out on FMLA leave, you can terminate her—as long as you carefully document the reasons and are prepared to show that you would have terminated her even if she hadn’t taken leave.
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05/07/2013
Sometimes, two employees who break the same rule don’t deserve exactly the same punishment. But employers must make sure they can explain the difference.
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