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Indiana

Employee refuses to follow instructions? Courts won’t second-guess disciplinary decisions

02/01/2012
Courts don’t want to second-guess every employment decision. They leave it up to employers to determine, for example, whether one rule violation is more serious than another. As the following case shows, employers are free to terminate employees who won’t listen.

Stay out of court with consistent discipline

02/01/2012
Employers that punish some em­­ployees more leniently than others for breaking the same rule are asking for trouble. That’s especially true when a lesser offense seems to have warranted especially harsh punishment.

Notice date–not workers’ last day–starts lawsuit calendar

01/18/2012
Employees don’t have forever to sue for wrongful termination—and the clock may start ticking even before their last day on the job. That can mean all the difference in court.

Inability to perform a specific job doesn’t mean employee is disabled

01/18/2012

Some employees seem to believe that every medical problem is a disability that requires accommodation. That’s not true. Employees aren’t disabled unless their condition substantially limits a major life function. If the only effect is an inability to perform a specific job—not a class of jobs—the employee isn’t disabled and doesn’t have to be accommodated.

Equal opportunity for women trumps even outrageous reaction to resignation

12/19/2011
A boss’s secret preju­dice won’t support an employee’s sex-bias lawsuit if the employer provides equal opportunities to both men and women. That’s true even if the sexist boss reacts outrageously when the subordinate quits.

Team up for termination meetings; going solo could trigger lawsuit

12/19/2011
When terminating an employee, never meet one-on-one. Instead, make sure at least two company representatives are present at all times. The reason? If you meet alone, you give the employee an opportunity to put words in your mouth—words that may end up as evidence against you in court.

Government employers: Don’t trample on workers’ rights to speak out on public matters

11/16/2011

Public employees don’t lose their rights to free speech just because they work for a government agency. They retain the right to speak out on matters of public importance, and they can’t be punished for exercising that right. That’s why, if you work for the gov­­ern­ment, you should warn super­visors against any action that smacks of punishing employees for speaking out.

Beware firing after good employee complains

11/16/2011
Think twice before firing a good employee who has complained. If she can prove she earned excellent reviews and had good attendance, she may win a jury trial based on timing alone.

Never base RIF decision on FMLA leave status

11/16/2011

Employees who take FMLA leave don’t enjoy greater protection than anyone else when it comes to reductions in force. If a position would have been eliminated regardless of whether the employee took FMLA leave, then the termination doesn’t violate the law. On the other hand, it’s dangerous to change who is scheduled to be laid off after learning that an em­­ployee plans to take FMLA leave.

Aggressive defense makes short work of litigation

10/31/2011
Never ignore an employee lawsuit, even if you think it is frivolous. In­­stead, prepare to defend yourself as soon as possible. That way, you can push for a quick dismissal if it’s clear the employee has no case.