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

Firing

Take it seriously when employee yells, ‘Stop!’

11/10/2008

Employees who suffer reprisals after complaining about possible discrimination or harassment can sue for retaliation. But they can do so only if they can show they “engaged in protected activity”—that is, that they told their employer about the alleged discrimination or harassment.

Court: State can ban convicted abusers from working in schools

11/10/2008

Over the past few years, the Florida Legislature has enacted a growing list of restrictions on who can come onto school property. One state law bars anyone convicted of child abuse from school premises.

Have counsel review arbitration agreement

11/10/2008

Do you use an arbitration policy to resolve workplace disputes? If so, it pays to have your attorney review that agreement to make sure it meets Florida contract law standards—especially if you operate in several states and use the same agreement for each location.

Track all discipline to show unbiased process

11/07/2008

The key to a sound discipline policy is equal treatment for all who commit similar offenses. You can’t decide to treat some employees more leniently than others without very good reason. And you’d better nail down that reason at the time you make the decision—not months or years later, after another employee has sued.

Make it there, make it anywhere: Don’t let NYC’s tough bias rules beat you

11/07/2008

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

Missed lunch invitations, cramped office aren’t enough to warrant lawsuit

11/07/2008

Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.

Firing justified if applicant failed to reveal checkered past

11/07/2008

Sometimes, candidates filling out job applications think it’s a good idea to omit information about minor criminal convictions and past problems such as terminations. If your application specifically asks for that information and someone you hired didn’t supply it, you can terminate for lying on the application.

Can I fire an employee who is likely to develop a serious disease?

11/07/2008

Q. I own my own business, and controlling my insurance costs is my biggest challenge. Recently, I learned one of my employees has been tested and has the genetic makeup likely to develop into a very serious illness. While I feel sorry for the employee, this disease is likely to cost our company hundreds of thousands of dollars. Can I fire the employee?

Multiple reasons for firing? You may want to list them all

11/06/2008

If you decide to terminate an employee who simply won’t follow instructions and is the source of constant trouble, go ahead and provide a laundry list of reasons. As long as the reasons are legitimate, the list will help set him apart from others who may not have been fired for breaking the rules.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation …