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Firing

Fired state ethics whistle-blower fights back

09/26/2008

Amanda Thaxton, a former office assistant at the North Carolina State Ethics Commission, has filed a whistle-blower lawsuit claiming she was fired in retaliation for speaking with the State Auditor’s Office about possible protocol violations …

Driver fired, radio station staffer charged after on-air bus prank

09/26/2008

Charlotte-Mecklenburg school officials filed criminal charges against a radio station staffer who hopped a middle school bus one morning as an on-air stunt. The bus driver who agreed to participate in the drive-time drama was fired …

Cop is fired over sex charges, but he’ll still get pension

09/24/2008

The Altoona City Council fired Police Officer Herrick Johnson on Sept. 10 for allegedly having sex with a 16-year-old girl he met online. Johnson, 49, met the girl through a web site that promoted law enforcement careers …

How should we respond to employee’s fear she’s being stalked?

09/24/2008

Q. One of our female employees says her ex-boyfriend is stalking her. She hasn’t been able to get a restraining order against him. We’re worried that he may show up and harm her or other workers. Can we fire or suspend her? …

Count minutes—not just hours—when figuring FMLA eligibility

09/23/2008

The FMLA limits leave eligibility to those employees who have worked at least 1,250 hours in the previous 12 months. Employers are perfectly within their rights to stick scrupulously to that 1,250-hour benchmark. They don’t have to round the hours up if the employee comes up short …

Retaliation claim doesn’t win if it’s filed in wrong court

09/23/2008

An Elkhart employer is off the hook for retaliatory discharge for now—but maybe not for long. Lisa Lubarsky was reportedly a good employee of INOVA Federal Credit Union in Elkhart. But then she sued in a South Bend federal court for retaliatory discharge under Title VII of the Civil Rights Act of 1964 …

Showing restraint: Ensuring worker safety with workplace protective orders

09/23/2008

A disgruntled employee is terminated for poor performance. On his way out, he threatens his manager and co-workers. Fortunately, situations like this usually end with the terminated employee cooling off, filing for unemployment and getting on with his life. But what happens when the employee doesn’t let it go? …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …

Public employees must file USERRA claims in state court

09/19/2008

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court …

Employing agency determines where public employees’ whistle-blower suits will be heard

09/19/2008

The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for. For example, regular state employees can sue if they first ask for a ruling from the State Personnel Board …