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Florida

Track discipline by offense, worker traits to reduce bias risk

06/09/2008
Employees who believe management has unjustly targeted them for poor treatment often blame it on bias against whatever protected class they may belong to. That’s why it’s so important for employers to proactively ensure that they enforce all rules equitably and fairly—so no employee can claim she was singled out for harsh punishment …

Transparency is key to lawsuit-Proof promotions process

06/09/2008
If, like most organizations, you prefer to promote from within, here’s a good rule of thumb: Follow careful procedures in your selection process. That way, you can choose the best applicant for the job and also be able to easily justify your selection if a disgruntled and rejected applicant sues …

Court warns against bending the rules when hiring

06/09/2008
Don’t give in if managers ask HR to change the hiring criteria because they think they have already found the perfect candidate—who just happens to lack one of the job requirements. Courts often view such ad hoc changes as serious flaws in the hiring process …

Building case for firing employee is OK—If it’s legitimate

06/09/2008
By all means, supervisors and managers should build a strong case for discharging a poorly performing employee before issuing a pink slip. However, they must make sure their motivations for compiling a record of poor performance are legitimate—not just fishing expeditions designed to look for excuses to fire …

Tell managers and supervisors: Absolutely no comments on pregnancy, parenthood allowed

06/09/2008
Nothing builds a circumstantial sex discrimination case like needless pregnancy and parenthood comments. Explain to all managers and supervisors that their subordinates’ childbearing plans are absolutely none of their business …

Use performance evaluations to pinpoint problems—And follow up

06/09/2008
There’s no point in completing performance evaluations and suggesting areas in which employees could improve if no one follows up. The best approach is to schedule an interim review for an employee who needs improvement. Then tell him what he needs to do before the next review …

Burger King caught in a whopper

06/09/2008
After years of pressure from advocacy groups, several large fast-food companies recently agreed to pay higher wages to Florida’s tomato pickers. These days, Burger King is probably wishing it had agreed, too. In a case of corporate espionage gone very bad, the Miami-based Burger King Corp. now looks not just heartless, but clueless …

Hillsborough pilot wins $36,000 age discrimination suit

06/09/2008
A crop-duster who accused Hillsborough County of refusing to hire him because of his age has won a jury verdict of $36,000 in back pay. John Van Voorhis claimed the hiring manager said he didn’t want “an old man pilot.” …

Business groups battle gun law

06/09/2008
The Florida Retail Federation and the state Chamber of Commerce have filed a joint lawsuit against the Florida Attorney General’s Office, challenging the constitutionality of the state’s recently enacted guns-at-work law …

Wal-Mart to pay $12,000 to veteran it didn’t hire back

06/09/2008
When Sean Thornton, of Deltona, was discharged from the U.S. Air Force in 2006, he asked Wal-Mart if he could return to his former job as a cashier. The retail chain refused, and Thornton sued, alleging violations of the Uniformed Services Employment and Reemployment Rights Act …