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Firing

Terminating for attendance? Don’t make FMLA a factor

03/26/2010
Employers have every right to terminate employees who can’t come to work on time—but not for taking FMLA leave.

Mind your mouth: Ageist criticism more likely than ever to spur a lawsuit

03/26/2010

Since the U.S. Supreme Court’s 2009 Gross v. FBL Financial Services decision, employees suing for age discrimination have had to prove that “but for” the employee’s age, the employer wouldn’t have taken the adverse action it did. Gross generally benefited employers, but it also raised the stakes. Now, managers’ ageist statements can really have an impact.

Whistle-blower flagging safety violation? Don’t shoot the messenger by retaliating

03/26/2010

Generally, Pennsylvania is an at-will employment state where employers can fire employees for any nondiscriminatory reason. But Pennsylvania also allows lawsuits for wrongful discharge based on public-policy concerns. Those public policies include the right not to be fired for reporting company safety violations that could harm the public.

You’ll need a calendar and a calculator: Track past service to check FMLA eligibility

03/26/2010

Whenever you hire someone, check your records of past employees. If your new employee is a rehire and last worked for you within seven years, be ready to credit that service if FMLA eligibility ever becomes an issue. If you don’t do that, and wind up denying FMLA leave to an eligible employee, you may have to pay double damages.

Document and retain evidence that led to firing

03/26/2010
You never know which terminated employee will sue—or how long he might wait to do so. That’s why it’s important to document everything leading up to the termination. Then make it your policy to retain firing-related documents indefinitely.

Act fast to punish violent employee, even if he’s been the victim of harassment

03/26/2010

It’s understandable that employees might get angry if they perceive that co-workers are harassing them. But that doesn’t justify a violent reaction. When alleged victims of harassment lash out, you can and should punish them. But even as you discipline the angry worker, make sure you also do whatever you can to end the harassment that precipitated the violent response.

Catch fishy FMLA requests with the 3 R’s

03/22/2010

Employees have learned to play the FMLA game quite well in the 17 years since the law was passed. In this new case, an “attendance-challenged” employee was denied extra vacation leave for her wedding. So she submitted an FMLA leave request for those same dates. Hmmmm … smell fishy?

When bosses hook up with subordinates, sparks may fly … in court

03/12/2010

In today’s litigious society it’s best for employers to set some ground rules on office romance. Adopt an anti-fraternization policy that bans relationships between employees who hold a boss/subordinate relationship. But take note: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the perks their co-worker got.

Don’t let employees guess about being fired

03/12/2010

Employees and former employees have just 300 days to file their initial EEOC discrimination complaints. But that countdown doesn’t start until the “adverse employment action” they want to challenge has occurred. That means that the moment employees know they have been fired, the clock starts ticking.

No free-speech protection if job is to flag misconduct

03/12/2010

Government employees retain the right to free speech, and they can’t be punished for speaking out on matters of public importance. But if it’s part of an employee’s job to speak up, that protection doesn’t apply. Those employees are merely doing their jobs.