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Firing

Tennis coach’s firing serves up lesson in employee discipline

02/01/2008

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows …

Don’t let managers fly solo on terminations

02/01/2008

Virginia Schurmeier, an operations analyst for a food wholesale company, was fired for alleged poor performance. She sued, claiming the real reason was sex discrimination. Her proof: A male co-worker who had worse performance appraisals than she had wasn’t fired …

It all depends on what the meaning of the word ‘Involved’ is

02/01/2008

Over the course of a 16-year career, Ronnie McNorton found himself on the receiving end of many disciplinary actions by his employer, the Georgia Department of Transportation. But McNorton hung on and won several promotions. In 2002, that advancement stalled, ironically because McNorton helped another state employee get her career off the ground. If only he could have kept his stories straight …

Firing justified if employee tries to short-Circuit system

02/01/2008

In day-to-day business, companies have every right to demand that employees follow the chain of command. They can require workers who have complaints about work processes or disagreements with co-workers to take up their issues with supervisors, and not go over bosses’ heads. If employees defy those rules, that can be insubordination—and it can justify termination …

You can require employees to undergo medical evaluations

02/01/2008

Have you ever suspected that one of your employees was not quite as injured or ill as he says? Employers certainly can insist on a medical examination to determine the exact nature and extent of workers’ medical problems—and any appropriate work restrictions. Just make certain you treat all injured employees the same …

On references, mum’s usually the word, but sometimes honesty is the best policy

02/01/2008

Conventional wisdom says it’s best to refuse to offer any opinion when a prospective employer asks for a reference on an applicant you know may be a poor choice. But sometimes, you may feel compelled to give your counterpart at the hiring organization an honest “heads up.” Before you do, consider that the applicant may sue you if he doesn’t get the job …

Handing over the final paycheck

02/01/2008

Q. When and how must I deliver a fired employee’s final paycheck? …

Set crystal-Clear rules governing employee absences

02/01/2008

Employers are free to set reasonable no-call/no-show rules for all absences, including those that qualify for FMLA time off.  On the other hand, if you discharge someone for failing to follow a rule that doesn’t spell out exactly how you expect employees to call in, don’t be surprised if you end up embroiled in a long, time-consuming and expensive legal battle …

Head off ADA complaints by proactively offering to discuss accommodations

02/01/2008

The ADA requires employers to engage in an interactive process to determine whether an applicant or employee is actually disabled and what, if any, accommodations are possible. But the law doesn’t expect employers to be clairvoyant …

Handbook helps convince court to overturn discrimination decision

02/01/2008

The Indiana Court of Appeals reversed a decision by the Michigan City Human Rights Commission finding that Filter Specialists Inc. discriminated against two employees because they are black. Dawn Brooks and Charmaine Weathers were fired in 2003 for time-card fraud …