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

Firing

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

IT workers said the surfing was better at work

07/25/2008
Two employees at North Carolina Central University and one at North Carolina State University have been fired for downloading pornography. The workers also downloaded movies, music, games and software. One of the workers allowed a friend to use his university-owned computer to download music …

What to do when employee is caught stealing

07/25/2008
Q. While a manager at one of our locations was on vacation, we performed an audit of her books and discovered that she had written unauthorized checks to herself totaling $25,000. We intend to confront her and terminate her. What else should we do? …

What’s wrong with letting an employee ‘Resign’ instead of firing him?

07/25/2008
Q. I have an employee in my department who was involved in a fight at work. He has asked to be allowed to resign rather than be terminated. I like this guy. Should I let him do this? …

Job bias against women who’ve had abortions is illegal

07/24/2008

By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.

Social Security disability doesn’t automatically earn ADA status

07/24/2008
Employees who are approved for Social Security disability payments sometimes think that automatically means they’re also deemed “disabled” under the ADA, which requires their employers to offer “reasonable accommodations.” But that’s simply not true …

FMLA leave-Takers aren’t untouchable, but courts will look closely at timing

07/24/2008
Employers that come down hard on employees who have just requested FMLA leave are looking for trouble—especially if the employee was performing well until recently. The timing will look suspicious …

Refusing reinstatement after FMLA? Get your story straight

07/24/2008
Employees who take FMLA leave are entitled to return to their same jobs (or substantially equal ones) after leave ends. But what happens if employees can’t return to their same jobs because they aren’t completely well or able to do the same duties they did before?

Never, never on a Sunday

07/24/2008

Timothy Walker was hired in 1995 at the Lafayette, Ind., plant of Alcoa Inc., based in Pittsburgh. Walker also served as a pastor at an area church. In May 1998, when he was appointed head pastor, Walker asked to be excused from work on Sundays …