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Firing

Employer liability for defamation claims based on a reference

07/21/2008
Q. Our company constantly receives calls from prospective employers requesting references for our former employees. Recently, one of our receptionists told an inquiring employer that a former employee was terminated for falsifying his expense reports. The former employee now has threatened to file a lawsuit against us for defamation. Do we have any exposure? …

Patience, paperwork: The right way to fire serial complainers

07/18/2008
Sometimes, employees who are having performance problems think that filing discrimination complaints will help protect their jobs. Word has gotten around that employees can win retaliation cases even if the discrimination claims they make are flimsy. But employers won’t lose a retaliation case if they can show that the employee really did deserve the discipline that followed the discrimination complaint …

Using FMLA leave to build a porch: Can that be legal?

07/17/2008

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation lawsuit …

Be ready to justify different punishment for like offenses

07/14/2008
The cardinal HR rule is that employees who break the same rule should receive similar punishments. That doesn’t mean, however, that you have no flexibility if the circumstances warrant it. You just have to make sure you can justify why you disciplined one employee differently than another …

Don’t sweat innocent mistakes when deciding on disciplining

07/14/2008
Good news: You don’t have to be perfect when disciplining employees. As long as you can show you acted in good faith, you don’t have to worry that a court will second-guess your disciplinary decisions …

Strong privacy policy can curtail rifling through files

07/11/2008
Employees who are involved in employment disputes often think they can simply gather up any evidence they find lying about and turn it over to their lawyers. Smart employers try to limit the damage that revealing such confidential information may bring by holding all employees to reasonable privacy and confidentiality rules …

You can terminate employees on FMLA leave

07/11/2008
Employees who are in trouble often ask for FMLA leave. They seem to believe that asking for or taking FMLA leave protects them from disciplinary action. That’s a myth. The fact is, being on FMLA leave doesn’t protect employees from legitimate disciplinary action unrelated to their time off …

Palace employee allegedly makes off with king’s ransom

07/11/2008
Palace Sports & Entertainment is suing a former employee, claiming she used a company credit card to make $1.8 million in unauthorized personal charges. Amy McDonald, a former accounting manager, was authorized to use the card for business purposes …

Ignoring harassment? You may be hit with more than claims

07/09/2008
Ignore complaints about any kind of harassment, and you may soon find that the employee who complained will hit your organization with more than just claims under federal Title VII and the Illinois Human Rights Act (IHRA). He or she also may sue for common-law claims like assault and battery and intentional infliction of emotional distress …

Radio station manager’s promises strike a sour note

07/09/2008
Kassie Dargo worked on-air and in sales at classic rock WLUP-FM radio in Chicago. In March 2007, Rob Morris, program director of Clear Channel’s top-40 KDWB-FM in Minneapolis, contacted Dargo to recruit her for a morning co-host position …