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

Firing

Former TV producer ups the ante in disability suit

12/08/2008

Erin Primmer, former producer of “The Montel Williams Show,” has increased the amount of her disability discrimination lawsuit against CBS by a whopping $3 million. Primmer claims she was wrongfully fired after she collapsed from a brain aneurysm in 2007 …

Older worker suddenly dinged? See you in court

12/08/2008

Judges are naturally suspicious. They regularly see the worst of humanity, and many don’t have the rosiest outlook on life. So when they hear that an employer suddenly disciplined an employee who has put in decades of service with nary a blot on her disciplinary record, they think “age discrimination.”

Be prepared to explain why offenses were similar but punishments differed

12/08/2008

Employers need flexibility when it comes to disciplining employees. But flexibility can’t come at the expense of members of a protected class. Be careful before you approve different punishments for the same or very similar rule violations.

Government employer alert: Firing because of spouse’s comments is unconstitutional

12/08/2008

Public employers, take note: If an employee has an outspoken spouse who chooses to voice concerns about the actions of the government agency, think twice before punishing the employee. It may amount to depriving the spouse of her First Amendment right to speak out on public issues.

Small age difference may support age bias claim

12/08/2008

Employees who claim they were fired or didn’t get hired because of age discrimination don’t have to prove that the employee who was hired or retained was younger than age 40. Instead, they need only show that the other employee was at least seven years younger.

Worker denied unemployment can’t keep filing claims

12/08/2008

It may seem like common sense, but it took an Ohio Court of Appeals decision to settle the question: Employees can’t keep filing unemployment compensation claims for the same discharge after they lose the first round.

Headmaster gets nearly $1 million in retaliation case settlement

12/08/2008

Lake Ridge Academy in North Ridgeville agreed to pay $950,000 after a federal jury found that it fired James Whiteman in retaliation for expressing concerns about possible pay inequities at the private school.

Bias charge threatened? Beware retaliation

12/04/2008

Employees are protected from retaliation for filing discrimination claims such as a complaint with the EEOC or the DOL. That protection starts as soon as the employee lets someone in authority at the company know he’s going to contact the agency.

Document absences, and excuses, too

12/04/2008

One of the best ways to win lawsuits at the earliest stages is to have ready a treasure trove of documents showing your decision about an employee was fair, impartial and reasonable. For example, for employees with absenteeism problems, document every absence.

Choose your words carefully to avoid ‘accidental contracts’

12/04/2008

Most employment contracts are written documents prepared with the assistance of an attorney. However, an employment contract can be oral, written, or partially oral and partially written. If an employer isn’t careful, it’s easy to unknowingly enter into an employment contract with an employee.