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Firing

Protected activity can include protesting racial comment

10/01/2009

In some circumstances, all it takes to launch a retaliation lawsuit is a supervisor’s isolated, insensitive comment , as the following case shows.

When federal compliance and N.C. law collide: Violating FMLA doesn’t end at-will employment

09/28/2009

Employers that end up violating the FMLA—unintentionally or not—don’t face an additional problem under North Carolina law. The supposed problem: At-will employees in North Carolina can sue their employers if they’re terminated and the discharge violates public policy. But failing to follow the intricacies of federal laws and regulations doesn’t violate public policy.

Make sure HR reviews each firing in advance

09/28/2009

When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.

Court: No tacking wrongful discharge claims onto FMLA suit

09/23/2009

Lawyers are always looking for new and different reasons to sue employers on behalf of employees and applicants. That’s bad news for employers, because additional charges mean greater legal costs, more lost time and potentially higher jury awards. Fortunately, courts are growing impatient with this practice …

Testifying for subordinate may be protected activity

09/21/2009

Supervisors who stand up for subordinates when they claim they have been discriminated against may be engaging in “protected activity.” That could make punishing those supervisors retaliation.

Insubordination or legitimate gripe? It’s important to know the difference

09/18/2009

When one of your employees objects to alleged illegal or discriminatory conduct in the company, you can’t simply fire or demote the person. That would be considered illegal retaliation. Still, that doesn’t mean such employees have the right to be insubordinate, rude and nasty.

Hold it! Must you allow unlimited bathroom breaks?

09/18/2009

Employers are required to offer job accommodations to employees who have qualifying disabilities, says the ADA. But if an employee has a medical condition that requires frequent bathroom breaks, does that count as a “disability”? The answer is clear, especially this year …

Don’t drop your guard just because Illinois court dismisses whistle-blower case

09/14/2009

Just won an Illinois whistle-blower case? Don’t rest easy yet! If you’re an employer that’s also covered by federal law, brace yourself for a federal whistle-blower lawsuit, too.

Offensive employee? Go ahead and fire him

09/14/2009

Isolated comments may not create a hostile work environment, but they can mushroom into a bigger problem. That’s especially true if you don’t discipline those who offend. What to do: Don’t wait until you have a full-blown hostile environment on your hands. You can terminate the offender before harm is done.

In tough cases, safety first: Attempted suicide at work grounds for discharge

09/14/2009

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