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Firing

Caring for grandchild qualifies for FMLA leave

10/14/2008

When an employee has a baby or adopts a child, it’s easy to determine that he or she is eligible for FMLA leave. But it gets murkier when the baby who needs care isn’t the employee’s own child. The FMLA regulations list eligible dependent children as those to whom the employee has “day-to-day responsibility to care for and financially support.”

Workers committed same offense? Be sure to document why one got harsher penalty

10/14/2008

It’s critical for HR to back up every disciplinary decision with complete records showing exactly why an employee deserved his punishment. If a fired employee broke the same rule another employee did, those records better show you punished them equally—or explain why the punishment was different …

Retain right to nix discipline that might be retaliation

10/14/2008

Employees don’t have to win their discrimination claims to charge retaliation. That’s why it’s important for HR to stay on top of any disciplinary action aimed at an employee who has already complained about discrimination …

Phone propositions yield no sex — and a lost job

10/14/2008

Michael Silvey, property management coordinator for the Department of Public Works in Hernando County, was fired for phoning and asking for sex from two women he formerly worked with at the Southwest Florida Water Management District …

Firing OK if employee falsely claims harassment

10/14/2008

Not every sexual harassment complaint is legitimate. A thorough investigation may wind up showing that one of the parties is lying. Can you fire the presumed liar if he or she brought the complaint in the first place? The answer is a qualified “yes” …

FMLA: Distinguish between disability and behavior

10/14/2008

Alcoholism can be a disabling medical condition that qualifies an employee to go on FMLA leave to undergo substance abuse treatment. But the same isn’t necessarily true for a drinking binge that lands an employee in the hospital …

Repeated warnings of fraud may be protected whistle-blowing

10/14/2008

Minnesota employees are protected from retaliation for reporting possible illegal activities to their employers under the Minnesota Whistleblower Act …

Good records make it easy to justify discipline

10/14/2008

The Boy Scout motto, “Be prepared,” applies to employers, too. You simply never know when—or why—a fired employee will sue. But you don’t have much to worry about if you have processes in place to make sure each and every disciplinary decision is fair and rational …

EEOC sues Mesaba Airlines over Sabbath rules

10/14/2008

The EEOC has filed a lawsuit on behalf of Laura Vallejos, a former customer service agent for Northwest Airlines’ subsidiary, Mesaba Airlines, based in Eagan. She claims she was fired for refusing to work past sundown on Fridays, the beginning of the Jewish Sabbath …

DNR chief hits the trail

10/14/2008

Col. Mike Hamm, head of the Minnesota Department of Natural Resources (DNR) Enforcement Division, retired in September amid speculation that he was about to be fired …