Firing

Quick settlements encourage more suits; sometimes you have to trust a jury

02/04/2010

Employers are often too eager to settle cases just to get out from under the possibility of a runaway jury. But caving in like that can make you a more tempting target for other employees. If you and your attorneys are convinced you didn’t do anything wrong, it may be best to trust a jury to hear the case and come to the same conclusion.

When is it illegal to fire someone for sleeping on the job?

02/02/2010

Can’t you automatically pull the termination trigger if an employee nods off at his desk? Not necessarily. If an employee takes medications that cause drowsiness, you could find yourself on the wrong end of an ADA lawsuit. Here’s a cautionary tale.

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

02/01/2010

Romantic affairs at work are generally a bad idea, especially if they involve a supervisor and a subordinate. But here’s one worry you can lay to rest: 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 promotions or favors their co-worker got.

Dozing at desk? Hold your fire; consider ADA

01/28/2010

Don’t automatically pull the termination trigger if an employee nods off at his desk. If the heavy-eyed worker mentions a health issue that could be causing the sleepiness, you may need to accommodate it as a qualifying ADA disability. That situation is often raised when employees take medications that, as a side effect, cause drowsiness.

Fair treatment wins when whistle-blower sues

01/25/2010

Sometimes employees believe that reporting potential wrongdoing by their employers or fellow employees means they can’t be punished. In effect, the assumption is that being a whistle-blower gives them a pass and protects them from adverse employment actions, such as termination. That’s simply not true.

Stare masters: How much ogling equals harassment?

01/15/2010

What’s the difference between a friendly glance and a sexual stare? A recent court ruling shows that sexual harassment is in the eye of the beholder—and supervisors better not roll their eyes if they witness it …

Beware! Don’t overreact to pay complaints

01/14/2010

In California, you can’t terminate employees for coming forward to press for enforcement of wage-and-hour claims, even if it turns out the claims were unfounded. That’s because California law strongly supports employee rights to get all the pay they’re entitled to, and efforts to punish employees who are wrong would chill efforts to challenge their employers’ pay policies.

First Amendment sometimes protects ‘instructional speech’

01/14/2010

A teacher employed by the government has a First Amendment right to speak as she wishes during instructional time, and her employer must have a sound educational reason for punishing such speech.

You can’t choose the day for FMLA medical treatments

01/13/2010

Employees who suffer from chronic conditions may have to see their doctors regularly. Under the FMLA, if those employees give you 30 days’ notice, they’re allowed to pick the day for their appointment. You can’t simply argue that they don’t need to take off that particular day because there is no emergency or urgency.

Settlement brings soft landing for Mesaba religious bias case