Firing

Have solid reason before firing employee on FMLA leave

10/27/2009

Employers can terminate employees who are on FMLA leave if the employers are sure they can later prove to a jury that they would have made the decision to terminate whether the employee took leave or not. That’s a tough burden, so you must make sure you have a solid reason—and you must document it.

Check calendar when employee files lawsuit covered by employment agreement

10/26/2009

A federal court hearing a North Carolina case has dismissed a discrimination lawsuit based on failure to file that lawsuit within a shortened time limit that the parties had agreed they would use.

Track older workers’ training opportunities

10/23/2009

Technology changes fast, and so do the skills employees need to succeed in their jobs. But some employees don’t feel comfortable taking the steps needed to adapt. If those employees happen to be older and you end up having to replace them, you could face an age discrimination lawsuit. You can avoid such lawsuits with a good skill-building plan …

State claim can’t piggyback on employee’s FMLA suit

10/23/2009

Employees who sue under the FMLA for alleged interference with the right to take covered leave can’t throw in an additional claim for wrongful termination under state common law. That’s because North Carolina allows wrongful termination claims only in very limited circumstances …

Don’t use discipline system to settle old scores

10/22/2009

Do you have a progressive disciplinary system? Don’t short-circuit it!

Review policies so voluntary benefits don’t become mandates

10/20/2009

Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly yet unwittingly be bound to provide its employees with FMLA rights and benefits? Maybe so. In Reaux v. Infohealth Management Corp., a federal judge recently ruled that employers that are not otherwise required to provide FMLA leave could wind up subjecting themselves to the FMLA by promising it to employees.

Whistle-blowers protected for flagging shareholder fraud

10/20/2009

The Sarbanes-Oxley Act makes it illegal to retaliate against an employee who blows the whistle on potential shareholder fraud.

Attempted suicide: Grounds for dismissal or proof of disability?

10/19/2009

Employers don’t have to put up with employees who pose a safety hazard to others—or to themselves. While suicidal behavior at work may indicate that an employee is suffering from a serious health condition (covered under the FMLA) or a mental disability (covered under the ADA), it isn’t an excuse for violating established safety rules.

Use eyes and ears to spot, stop harassment

10/15/2009

Some work environments are more at risk than others for sexual harassment to develop and fester. And those employers have a special obligation to look for harassment—and stop it. For example, if a few women now hold jobs traditionally performed by men, make sure the women aren’t being subjected to sexually demeaning or offensive conduct.

Stop post-firing harassment suits by tracking and investigating every complaint