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Firing

Forget FMLA absences when rating employee attendance

02/24/2009

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.

When FMLA leave is denied, damages can add up fast

02/24/2009

Here’s a lesson to pass on to managers and supervisors: Employees who win FMLA lawsuits after being denied the right to take leave can end up with a large pot of gold at the end of the litigation—a pot that has to be filled by the company.

Management company pays big for pregnancy discrimination

02/24/2009

Carole Smith, who worked for property management firm Normandy Properties, sued the company for pregnancy discrimination, and a jury awarded her $600,000 in compensatory damages. Then it assessed the company $1.2 million in punitive damages.

Record number of employers dispute unemployment claims

02/19/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts. The rise in challenges can be pegged to more employers citing misconduct as the reason for terminations.

Sleeping in peace: Can employee claim that video of his on-duty nap violates his privacy?

02/19/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took a high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

Must you offer FMLA for ‘possibility’ of serious illness?

02/19/2009

Don’t be so quick to pull out the “request denied” stamp when employees want to use FMLA leave to determine whether they have a qualifying “serious condition.” As a new court ruling shows, if an employee simply thinks she has a serious condition, she may take FMLA leave to have it checked out.

Tell bosses: No comments on insurance cost, age

02/12/2009

Remind all managers and supervisors to keep any thoughts on insurance costs to themselves. If older employees end up being disproportionally affected by a reduction in force, any comments on insuring older employees may come back to haunt you.

Cite specific reasons for disciplining every employee who breaks company rules

02/12/2009

When it comes to disciplining employees, one size almost never fits all. An individual approach—one that considers the very specific circumstances that led to the discipline—is usually best.

Last-chance agreements put employers on sure footing

02/12/2009

If you offer last-chance agreements instead of immediately firing employees, you can impose seemingly draconian measures without worrying about a lawsuit. If you later terminate an employee for violating agreement terms, most courts will take your side.

Acute but temporary illness isn’t disability

02/12/2009

Don’t jump to the conclusion that, just because a sudden illness or condition requires emergency medical care or even surgery, the employee who falls ill is disabled. The standard ADA test still applies.