• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

Give benefit of doubt to panicked workers who take sudden FMLA leave

02/12/2009

The FMLA grants eligible employees the right to take time off to deal with their own or a covered relative’s serious health condition. What has been unclear until now is what happens when an employee rushes to the emergency room believing a true medical emergency exists, only to find out that the condition was less serious than originally believed.

Whistle-blower law insulates noncomplaining workers, too

02/12/2009

When two workers complained to two co-workers that their employer wasn’t providing protective gear while they installed insulation, it started a chain of events that led to their firings.

Judge says sewer worker’s firing doesn’t pass smell test

02/12/2009

An administrative law judge has ruled the township of Leoni violated the Michigan Occupational Safety and Health Act (MIOSHA) when it terminated Benjamin Brzezinski for refusing to enter a sewer he felt was unsafe.

Document investigation to thwart harasser’s suit

02/05/2009

Sometimes, employers conducting harassment investigations find themselves in no-win situations, especially when there are conflicting claims and classic “he said, she said” scenarios. You risk a lawsuit if you fire the alleged harasser, most likely alleging some other illegal reason for your decision to terminate. The way to win these cases: Thoroughly document the investigation.

Make agreements truly a last chance: It’s OK to forbid appeals or challenges

02/05/2009

If you want to give an employee one last chance to fly right, you can use a so-called “last chance agreement.” Such contracts can be used, for example, to set the terms for being drug or alcohol free and submitting to random testing. Last-chance agreements can even include tough terms

Fired health CEO sues

02/05/2009

Carmen Morano, former president and CEO of Bloomfield-based health insurance company PerfectHealth, has sued the insurer, alleging it illegally fired him in May 2008.

Tell managers to document hypersensitive worker’s behavior

02/02/2009

Some employees are more sensitive to criticism than others and may also be more likely to file hostile work environment lawsuits. Managers with difficult subordinates would do well to track the behavior. It can be used in court to show that those subordinates have a skewed perception of the workplace.

Rehabilitation Act applies to county court systems

02/02/2009

The 3rd Circuit has ruled that county court systems can be sued for disability discrimination under the federal Rehabilitation Act because the domestic relations divisions of the county court systems received federal funding.

Next up on the nightly news, perhaps a little less drama

02/02/2009

The ongoing soap opera that is Philadelphia news broadcasting seems to be winding down. Former WCAU-TV news anchor Vince DeMentri has settled for an undisclosed sum for a sex discrimination complaint…

What should we have said—and say in the future—about an employee fired for theft?

02/02/2009

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference?