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Firing

Was N.Y. union staffer fired for trying to organize a union?

09/01/2010

Until recently, Jim Callaghan was a writer for the United Federation of Teachers (UFT), the union that represents New York City teachers and that has made its name by actively opposing city officials’ power to fire teachers without due process. Now Callaghan is claiming UFT employees have no such protection themselves. He says he was fired after he began looking into unionizing UFT editorial employees.

Santa hat leads to lawsuit against Raleigh Belk store

08/27/2010
A Jehovah’s Witness was fired from her job at a Belk department store in Raleigh after she refused to wear a Santa hat while wrapping Christmas gifts. She told her supervisors that wearing the Santa hat would violate her religious beliefs. The EEOC asserts Belk violated Title VII of the Civil Rights Act by refusing to accommodate her religious beliefs.

Upside of unions: No suing for wrongful termination

08/27/2010
In North Carolina, union employees have to use their contracts to pursue claims they were unfairly fired. They can’t do what at-will employees can do—sue for wrongful termination.

Track rationale for all discipline decisions

08/27/2010

Employees who sue for discrimination usually have to show they were punished more harshly than other employees outside their protected class. Counter such claims with specifics. While you may have punished 10 employees this year for breaking the same rule, chances are that each case was unique—and that you made the punishment fit the crime. That’s fine.

Fired for dozing, employee may still get unemployment

08/27/2010
Don’t expect to escape unemployment compensation liability if you fire someone for sleeping on the job. If the reason is an underlying medical condition, the employee may be able to prove she wasn’t fired for cause.

Positive drug test? Get worker to admit drug use, too

08/27/2010
Here’s a step you can take to guard against challenges to your drug-testing procedures. When you tell an employee he failed the test, get him to admit he used drugs. That can ensure he doesn’t receive unemployment compensation.

Fear lawbreaking? Document before firing

08/25/2010

Some employers don’t necessarily want to confront an employee directly when they suspect that he may be engaged in illegal activity. The threat of violent reprisal is very real. If you fire the employee, he may sue, alleging some form of discrimination. But if you have documented why you did what you did, chances are the lawsuit will be dismissed.

Is it time to ban swearing in the workplace?

08/25/2010
Should you establish a zero-tolerance ban on swearing in the workplace? It’s probably not realistic and you may set yourself up for discrimination claims if you clamp down on one employee’s slip-up but not another’s. Instead, establish more general rules that say offensive language and other disrespectful conduct are not permitted, and violators will be subjected to the discipline policy.

When firing, choose words carefully, stick to performance

08/23/2010
Employees who have just lost their jobs usually leave their termination meetings in a foul mood. So, don’t give them any reason during that meeting to send them marching to a lawyer’s office. As you’ll see in the following case, one inflammatory phrase from a supervisor can spark a lawsuit.

Remind bosses: Handle FMLA requests stoically, even if they’ll cause scheduling problems

08/20/2010
An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if they voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit. Remind them to accept FMLA requests professionally, without emotion.