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Firing

Gov. Paterson accused of race discrimination

05/01/2008
Incoming Gov. David Paterson hadn’t even taken his oath of office before he was hit with allegations of race discrimination during his term as Senate Democratic leader. Joseph Maiorello, a former Senate minority photographer, has filed an EEOC lawsuit alleging Paterson fired him because he is white …

What to do when employee claims the 5th

05/01/2008
Q. We are a private corporation. Recently, we discovered some theft in our operation. We called an employee in for an investigatory interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the 5th Amendment of the U.S. Constitution. What are our choices under such circumstances?…

Tell supervisors: No pregnancy comments allowed

05/01/2008
It seems simple enough: No one should make cracks or comments about an employee’s pregnancy. Still, supervisors and managers often say things they shouldn’t, which can come together to form the basis for a Pregnancy Discrimination Act lawsuit …

Excessive absences justify firing—And bar unemployment compensation

05/01/2008
Ohio employers can fire chronically absent or tardy employees without worrying that unemployment compensation will be the reward for missing work. That’s true as long as the absences weren’t covered by the FMLA or other leave laws …

Writing your memoirs? Consider a pen name

05/01/2008
A pseudonym might have helped Adrienne Zurub hold onto her job. In January, Zurub self-published a memoir, Notes from the Mothership, that included reflections on her life as a cardiac nurse at The Cleveland Clinic. Two weeks later, the clinic fired her …

You smoke, you’re fired! Lessons from the Whirlpool Case

04/29/2008
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?

Farash Corp. faces harassment suit over execs’ comments

04/28/2008
A former executive assistant for Farash Corp. is suing the Rochester-based real estate company for sexual harassment. Susan Poulter claims she was fired without warning in June 2006, four months after she complained about inappropriate comments allegedly made by male executives …

Appeals court dumps Wyeth whistle-Blower’s claim

04/28/2008
A three-judge panel of the 4th Circuit Court of Appeals rejected a whistle-blower claim by Mark Livingston, a former training director at the Sanford, N.C., facility of the drug maker Wyeth …

Don’t let FMLA status keep you from firing lousy employee

04/25/2008
There’s a common misconception out there that says that employers can’t fire employees who have recently taken or need to take FMLA leave. Nothing is further from the truth—if you go through the trouble of carefully documenting workplace deficiencies …

Do you discipline for age-Related remarks? You should

04/25/2008
A supervisor who makes rude or obnoxious comments about his subordinates’ ages might wind up causing an age discrimination lawsuit. That’s one reason you should take seriously all complaints about inappropriate comments—and discipline supervisors who think age is something to joke about …