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Firing

When worker complains, find out if she’s a ‘Serial sue-er’

06/10/2008
Sometimes, you can tell how seriously to take an EEOC or other discrimination complaint by checking to see if the employee (or applicant) has filed other discrimination lawsuits in the past. If the complaint turns into a court case, an employee’s pattern of frivolous litigation may become powerful evidence a judge or jury will want to consider …

Mission Foods fires Muslim women over dress code

06/10/2008
Mission Foods of New Brighton dismissed six Somali women for refusing to wear uniforms instead of their traditional loosefitting skirts and scarves. The women refused to comply with a new dress code requiring trousers and shirts, which are considered immodest by Islamic standards …

Arbitrator upholds MnDOT firing in aftermath of bridge collapse

06/10/2008
Sonia Morphew Pitt “abused the latitude accorded her” when she stayed on the East Coast for nearly two weeks after the August 2007 collapse of the Interstate 35W bridge, an arbitrator found …

Building case for firing employee is OK—If it’s legitimate

06/09/2008
By all means, supervisors and managers should build a strong case for discharging a poorly performing employee before issuing a pink slip. However, they must make sure their motivations for compiling a record of poor performance are legitimate—not just fishing expeditions designed to look for excuses to fire …

Tell managers and supervisors: Absolutely no comments on pregnancy, parenthood allowed

06/09/2008
Nothing builds a circumstantial sex discrimination case like needless pregnancy and parenthood comments. Explain to all managers and supervisors that their subordinates’ childbearing plans are absolutely none of their business …

Equal enforcement keeps juries from wondering about bias

06/06/2008
Employees who lose their jobs after committing some infraction often look for reasons to sue. Don’t give them an excuse to drag you into court! The best way to immunize your organization from lawsuits: Equitably and fairly enforce your work rules …

Miami judge packs heat to ward off bailiff

06/06/2008
Miami County Municipal Court Judge Mel Kemmer decided to take matters into his own hands after a bailiff who threatened him was allowed to return to work. …

6th Circuit rules: Association discrimination now illegal in Ohio

06/06/2008
Employers, beware! Retaliation against a third party who is associated with an employee who engaged in protected activity now can be the basis of a lawsuit in Ohio …

Same manager who hired should do the firing

06/04/2008
Discrimination cases are all about motives. That’s especially true when an employee loses his job and alleges that the real reason for his discharge was racism or some other form of bias. One simple way to deflect discrimination charges is to make sure that the same person who made the termination decision also had a direct hand in either the original hiring decision or subsequent promotions …

Make sure handbook spells out maternity leave terms

06/04/2008

Is your employee handbook clear on exactly what constitutes maternity leave and how long it lasts? If you plan to permit just the 12 weeks allowed for pregnancy and childbirth under the FMLA, spell that out. Don’t refer to maternity leave separately and then provide a different week or month count …