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Firing

Don’t assume—It’s up to employee to raise disability issues

02/01/2008

Do you suspect an employee may have a mental or psychological disability that may need accommodation—even though he hasn’t mentioned it? Tread carefully. If you assume the employee is disabled and he’s not, he’ll be able to sue you for regarding him as disabled. Here’s the best way to handle the matter …

Pay commission? Make sure contracts are clear about terms

02/01/2008

Commissions are a great way to motivate some employees to work harder. Usually a contract spells out the commission terms and how the payments work. But if the contract is the least bit unclear, expect trouble—especially if someday you have to discharge a commissioned salesman for poor performance …

You don’t have to put up with disruptive behavior

02/01/2008

Have you tiptoed around an employee’s poor behavior because he belongs to a protected class? You don’t have to tolerate rudeness, threats or other disruptive acts. Just make sure you have clear rules in place and enforce them equally against everyone who breaks them. And remember: You have an obligation to provide a workplace free of violence …

Are we required to explain why we discharged an employee?

02/01/2008

Q. My company recently terminated an employee. The employee claims that she is entitled to a letter outlining the reasons for her discharge. Is she correct? If so, how much information must we provide the discharged employee? …

No individual liability under Texas Whistleblower Act or Labor Code

02/01/2008

Good news: Your managers and supervisors aren’t individually liable for violating either the Texas Whistleblower Act or the Texas Labor Code. That means your personal assets aren’t on the line …

Minnesota Unemployment Insurance Law

02/01/2008
Minnesota’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The state administers the law through the Minnesota Department of Employment and Economic Development (DEED) …

Ready, fire, aim: Grocery clerk stops shoplifter, loses job

01/15/2008

File this one under “no good deed goes unpunished.” Michigan grocery clerk John Schultz says he lost his job after trying to thwart the getaway of an alleged shoplifter. The firing offense? Touching a customer …

Hiring friends, family not illegal—Unless race factors in

01/01/2008

Technically, favoring friends and family members for jobs and giving them plum assignments isn’t illegal. But if nepotism results in an all or mostly white work force, applicants or employees from other protected categories (e.g., race, gender, national origin) can still sue, claiming illegal discrimination …

Hookers, communal baths put Dentsu in hot water

01/01/2008

Steve Beigel, former creative director for Manhattan ad agency Dentsu Holdings, is suing the company over sexually offensive outings held on company trips …

All periods of employment count toward FMLA eligibility

01/01/2008

For the purpose of determining FMLA eligibility, all time spent working for an organization counts toward the minimum one year of service the law requires. That’s true even if there was a gap in employment …