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Florida

Report shows Uncle Sam is biggest USERRA violator

03/09/2012
It’s do as we say, not as we do when it comes to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA). A Washington Post investigation found that federal government agencies account for 18% of all USERRA complaints filed by returning service members.

A 360-degree review can be used to show process was fair

03/01/2012

Some employees can never seem to see that their bad attitudes and behaviors cause workplace problems. Confronted with complaints, they inevitably claim their subordinates or customers are wrong. When they’re finally terminated, they’re quite likely to sue. That’s when it’s handy to have a performance appraisal process that uses 360-degree reviews.

Always assume termination will be challenged

03/01/2012

Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.

Whistle-blowing AirTran pilot wins reinstatement, $1 million

02/13/2012
OSHA has ordered Orlando-based AirTran to pay $1 million in damages after it found the airline retaliated against a pilot reporting safety problems.

Bill would limit using credit histories in hiring

02/13/2012
Florida State Sen. Gary Siplin has introduced a bill that would limit an employer’s use of an applicant’s credit history as a hiring criterion unless it “is shown to be directly related to the position sought by the applicant.”

Second race charge rises for Panera

02/13/2012
A company that operates Panera Bread stores in Florida faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive from the store’s owner.

Courts: Don’t make us second-guess your decisions

02/13/2012
The 11th Circuit Court of Appeals has made it clear that it isn’t interested in interfering unnecessarily with management decisions … The lesson here is that as long as you have a rational reason for discharging an employee, chances are your decision won’t be questioned.

Post promotion opportunities to avoid needless litigation

02/13/2012
Here’s a good way to cut your litigation risk: Make sure you post all promotion opportunities along with the minimum job requirements. That way, employees can’t sue over lost opportunities for which they failed to apply.

Timing is everything when it comes to workplace romances gone bad and terminations

02/13/2012

When you terminate an emp­loyee for a good, obvious and well-documented reason, you seldom have to worry about a surprise harassment complaint. Former employees file them fairly frequently, but courts tend to view them with suspicion. The obvious question: Why didn’t the employee complain about harassment before?

Bullet-proof your promotion process: Tell everyone to forward notes and documents to HR

02/13/2012
When it comes to promotions, courts want employers to be honest and fair. Otherwise, they won’t interfere—unless the employer has no records to back up its promotion decisions or show how its decision-making process worked.