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Firing

Horsham software firm settles age bias suit for $175K

02/25/2010

Astea International has agreed to settle an Age Discrimination in Employment Act (ADEA) lawsuit for $175,000. The EEOC brought the suit on behalf of 47-year-old Frank Fesnak, who was fired from his position as the Horsham-based company’s vice president of strategic alliances.

Same offense, different circumstances: The punishment can fit the crime

02/22/2010

The cardinal rule for employers is to punish like offenses the same way. But that doesn’t mean that you don’t have some flexibility. For example, when two employees break the same rule, the underlying reasons might be considerably different. If you decide to punish one more severely than the other, document why you don’t consider the circumstances the same.

OSHA loses patience, Freehold executive loses car

02/22/2010

When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well …

Big win for employers in disability bias case

02/16/2010

Employers frequently worry that if they discharge a disabled employee, they will be sued for disability discrimination even if they had a good reason for terminating the employee. That’s because disabled employees may claim their disability was a motivating factor in the decision. Until recently, that was enough to win at least a partial victory in court. Fortunately, that’s no longer the case.

Follow your own rules, courts will probably side with you

02/16/2010

You just can’t satisfy some employees. They’ll always find something to complain about. But if supervisors keep their cool and hold employees to the rules, chances are a disgruntled employee won’t get far with a lawsuit.

Want severance agreement to stick? Call a lawyer

02/12/2010

Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.

Former Freeport fire chief sounds the retaliation alarm

02/12/2010

Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.

Can I fire an employee who will miss work because he has been subpoenaed?

02/12/2010

Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.

Employee who misses work for medical reasons may be eligible for unemployment benefits

02/09/2010

If you discharge an employee after she exhausts time off available through the FMLA, sick leave and other benefits, she may still be eligible for unemployment compensation. That’s true even if her absenteeism violated a company attendance policy.

Beware bias based on gender stereotyping

02/09/2010

While the federal Civil Rights Act contains no outright prohibition against discrimination based on sexual orientation, that doesn’t mean employers can get away with discriminating against employees who don’t fit society’s stereotypes about how men and women should look. Sex stereotyping may well be sex discrimination because it is based on notions of what is “feminine” and “masculine.”