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Firing

Terminating after FMLA leave expires? Be sure to apply rule consistently

05/06/2010

You can terminate employees who are unable to return to their jobs after their FMLA leave has expired. Just make sure you’re consistent. If you apply the same termination rule to all employees—regardless of race, age, sex or membership in any other protected category—you won’t have to worry about lawsuits.

Follow your own rules, and be confident you’ll win lawsuits

04/28/2010

Any employee can file a lawsuit for any reason. But filing and winning are two different things. Most lawsuits end up dismissed after the employer shows the court it followed its own rules and fairly disciplined the employee.

OK to differentiate between probationary, other employees

04/28/2010
Occasionally, you can tell early on that an employee isn’t going to work out. Perhaps she doesn’t seem to be catching on very well, or maybe she treats co-workers or supervisors with disrespect. While you might put up with some level of poor behavior from a proven long-term employee, you don’t have to do so with a probationary one.

White Way says EEOC took it to the cleaners

04/19/2010

St. Paul-based White Way Dry Cleaners has paid $42,250 to a former employee who filed an EEOC pregnancy discrimination lawsuit. The case arose when Michelle Johnson was transferred from her job pressing clothes to a counter position after telling her bosses she was pregnant. White Way had a longstanding policy of transferring pregnant employees to protect them from chemicals used in the dry cleaning process.

Make sure employees know where and how to report alleged sexual harassment

04/19/2010

It’s simply impossible to prevent all sexual harassment incidents. But you can take steps to protect your organization from most sexual harassment lawsuits. Make sure your sexual harassment reporting policy is clear, specific and well publicized.

You don’t have to put up with insubordination

04/19/2010

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

Air quality complaint isn’t basis for retaliation claim

04/15/2010

The Illinois Indoor Air Quality Act is designed to reduce indoor pollution. It tasks the Illinois Board of Health with enforcing statewide indoor air quality standards, because encouraging good air quality is good public policy. However, the law doesn’t specifically offer whistle-blower protection to employees who voice complaints about their workplace air quality.

Alcoholics still have to follow work rules

04/15/2010

The ADA protects people who are alcoholics from discrimination based on their disability. That doesn’t mean, however, that alcoholic employees don’t have to follow standard workplace behavioral rules. Simply put, alcoholism isn’t an excuse for poor behavior—and you don’t have to tolerate it.

Don’t pile on reasons for firing; you’re spoiling for retaliation fight in court

04/15/2010

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.

EEOC settles bias suit involving Jehovah’s Witness, dress code

04/13/2010
Alliance Rental Centers recently agreed to pay $21,500 to settle an EEOC religious discrimination suit brought by a former employee whose religious beliefs kept him from complying with the company’s dress code. The conflict emerged when Tyler Templeton, who worked in the company’s Bridgeport Aaron’s Rents store, refused to participate in the “Red Shirt Friday” program in which employees wore special shirts to show support for the U.S. military.