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Firing

Track managers’ deviation from rules to ensure there’s no hidden discrimination

12/04/2008

Here’s a problem you might never see coming: A supervisor who harbors resentment against a subordinate because of her protected classification decides to hold her to the letter of the law when it comes to a benefit such as FMLA leave. Meanwhile, other employees get preferential treatment, such as additional unpaid leave after their FMLA leave expires …

Temporary disability leave over? Carefully handle employee’s return to work

12/04/2008

An employee who has been on temporary disability leave and whose leave is about to expire may be eligible for reasonable accommodations under the ADA. A smart employer will try to ease the return process by proposing a solid return date to the employee and inviting him to contact the company with any questions or concerns.

At-will employment remains alive and well in Pennsylvania

12/04/2008

Employees and their lawyers are always trying to find new ways to expand the claims they can make against employers. They try novel approaches to try to sweeten the recovery pot, as the following case shows.

UPS driver sues over dreads

12/04/2008

Nieland Bynoe was hired as a driver for UPS Freight in 2007. He hadn’t even made it through orientation, however, before he was fired for refusing to shave his beard and cut off his dreadlocks … The EEOC has sued on his behalf.

Tell bosses: Absolutely no comments on ethnicity

11/25/2008

Here’s another good reason to tell all managers you’ll tolerate absolutely no ethnic, religious or racial comments: Just one or two comments followed by an adverse employment action may be enough to establish a hostile work environment. And those later acts can extend the time the employee has to file his claim.

Know the law: Simply taking FMLA leave doesn’t necessarily mean worker is disabled

11/25/2008

Generally, someone whose condition qualifies as a disability under the ADA is probably also entitled to FMLA leave when that disability flares up. But the reverse is not always true.

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.

It’s essential to follow AG’s rules for disciplining police officers

11/25/2008

If you work in HR for a New Jersey law enforcement agency, take heed: Agencies that adopt the New Jersey attorney general’s (AG) guidelines on disciplinary actions must follow those guidelines if they expect their disciplinary decisions to stick.

Exception covers some, not all, church staff

11/20/2008

Churches, church schools and other religious institutions don’t always have to follow federal employment laws. That’s because religious entities are entitled to operate free of interference with their religious practices—if the employees in question are part of that religious practice.

NLRB: Grand Rapids Starbucks worker fired for union organizing

11/20/2008

The National Labor Relations Board has filed a complaint against Starbucks, claiming it fired a Grand Rapids, Mich., barista because of his union sympathies.