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Firing

Not all absences are equal; punishment needn’t be either

08/01/2007

You know you can’t go easy on one person for attendance problems and come down hard on another for the same offense—especially if he or she belongs to a protected class. But, as the following case shows, courts will conclude a discipline process wasn’t discriminatory if you can show that tardiness or absenteeism affected important work goals, such as productivity …

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …

Houston jury awards manager almost $1 million for age bias

08/01/2007

A Houston-based seismic technology and equipment company is facing a nearly $1 million jury verdict as the result of a lawsuit brought by one of its former manufacturing managers. Input/Output terminated Gaines Watkins in 2002 when he was 68 years old, claiming the company was making changes that he was “incapable or unwilling” to implement. Watkins sued, claiming he was fired because he didn’t fit the company’s new youthful image …

Evaluating employee performance without creating legal liability

08/01/2007

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance …

Restaurant caught in birthday suit, now it must pay

07/30/2007

Religious discrimination can take many forms, including, apparently the forced singing of "Happy Birthday" to that embarrassed-looking guy sitting with his buddies in the booth by the window.

Can we terminate manager who violates nonfraternization policy?

07/20/2007

Q Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate her employment?

Track discipline companywide to show no double standard

07/01/2007

One of the most common employment law claims is the uneven enforcement of workplace rules. The only foolproof way to counter such lawsuits …

Prior workers’ comp case? Make sure discharge reasons are plausible

07/01/2007

Illinois law protects employees against retaliation for filing workers’ compensation claims. To help your organization avoid needless litigation …

Continually asking as good as ordering, appeals court finds

07/01/2007

The 7th U.S. District Court of Appeals upheld damages for a towboat captain fired after he refused to push a load he considered unsafe …

Reporting workplace threats to HR or police is protected

07/01/2007

It’s a violent world we live in—and work in. Each year, an estimated 1.7 million workers nationwide fall victim to non-fatal crimes at work …