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Firing

Intermittent-Leave Abuse? Double-Check Facts Before You Act

09/01/2007

Do you have employees on intermittent leave? Are they leaving work early for “medical reasons” at predictable times? Then your organization may be the victim of intermittent-leave abuse. It may be tempting to discipline or fire employees whose leave patterns (e.g., falling on Mondays or Fridays) suggest abuse. But you’re better off investigating thoroughly before you act  …

You must notify employee when leave is almost up

09/01/2007

Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave …

Catch reverse discrimination before it becomes federal case

09/01/2007

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late …

Hair today or gone tomorrow: It’s up to employee to mention religion

09/01/2007

When it comes to accommodating religious practices, employers aren’t required to be clairvoyant. If an employee wants you to accommodate a religious practice or objects to a work rule because it interferes with his or her right to practice religion, the employee has to let you know how practicing the religion precludes following the rule …

Attorney general cracks down on forced unionization

09/01/2007

Texas Attorney General Greg Abbott recently sued employers and a labor organization in El Paso and Corpus Christi for allegedly forcing employees to become union members or pay union dues in violation of the state’s right-to-work law …

How to handle ‘No-Match’ letters: New rules go into effect on Sept. 14

08/19/2007

The Department of Homeland Security just published final regulations that provide guidance to employers on how to respond to "no-match" letters, which notify employers of discrepancies with employees’ Social Security numbers. If you follow those steps correctly, you’ll earn immunity from penalties if illegal workers are found at your business. How can you comply? Read on.

Filling out NASD Form U-5? For now, watch what you say

08/01/2007

A federal appeals court has asked the New York Court of Appeals for help with an important legal question and the answer may impact how you fill out National Association of Securities Dealers (NASD) forms when you terminate an employee with a securities license …

Did employee file small claims case? You may get later lawsuit tossed

08/01/2007

One cardinal rule of law is this: You can only be sued once for all claims related to a particular wrong …

Fired worker can still receive total-Disability benefits

08/01/2007

The Ohio Supreme Court has ruled that an injured employee may continue to receive temporary total-disability benefits even if he no longer qualifies for his position …

Angry employee shoots and kills her office-Manager friend

08/01/2007

A Sarasota doctor’s office employee who knew she was about to be fired shot and killed her office manager, then went home and killed herself on her patio …