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Employment Law

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas

Rehiring ex-addict? Get proof of rehab

08/01/2002
Joel Hernandez had worked for Hughes Aircraft for 25 years when he tested positive for cocaine during a workplace drug test. Rather than be fired, he resigned. The company noted in …

Lax hiring process will cost you

08/01/2002
For nearly two years, Joyce Dennis worked in progressively more responsible jobs at a South Carolina hospital. But when she interviewed for a promotion to ER registration supervisor, the hiring manager …

Don’t wait for disabled to ask: Accommodation is two-way street

08/01/2002
Ray Birton, a cart gatherer and stockman at a Missouri Wal-Mart, occasionally forgot instructions and didn’t clock in and out correctly, resulting in paycheck errors. Birton’s mother gave his manager …

Tear down accommodation hurdles; don’t make worker formally apply

08/01/2002
When Howard Shapiro, a 15-year city employee, became disabled in a work accident, he couldn’t continue his paramedic job. So he made repeated requests for accommodations and identified several vacant positions …

Preach secular management: Train supervisors to shun religious bias

08/01/2002
When a city-run youth program hired Cheryl Campos as a counselor, it promised her a $10,000 bonus for support-group work as well as a promotion to assistant director within six months. …

Draw line on harassing behavior, even against top company execs

08/01/2002
Over four months, a female co-worker slipped nearly a dozen sexually explicit pamphlets into the office mailbox of a company vice president, including one titled “Great Sex for Men over 50” …

Workers’ comp can cover on-the-job fights

08/01/2002
Robert LeeGrand, an African-American brick mason’s assistant, got mad when a co-worker criticized his work and made a racist remark. When LeeGrand confronted him, the co-worker threw bricks, which caused LeeGrand …

Employees have zero privacy claim on e-mail

08/01/2002
Two insurance workers sued, claiming privacy rights, after they were fired for forwarding sexually explicit e-mails. The company had a clear policy that banned defamatory, abusive, obscene or threatening messages. The …

Expect new rules on who’s exempt; possible changes to comp-time law

08/01/2002
The U.S. Labor Department says it will rewrite the Fair Labor Standards Act’s (FLSA) white-collar exemption rules for administrative, executive, professional and outside salespeople. Reason: Since those rules were drafted, some …