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Firing

FMLA time used up? Consider ADA before firing

06/01/2007

Q. An employee already took his 12 weeks of FMLA leave, but his doctors say he needs three to six weeks more. I want to terminate him because he isn’t ready to return. What’s the best way to go about it?—B.H., Florida

Probation protects in case of bad background checks

06/01/2007

One good reason to have new employees serve a probationary period is that it gives you more time to check their backgrounds and find out whether they were forthcoming on their applications …

Going over supervisor’s head may be a protected activity

06/01/2007

Organizations are entitled to their employee’s loyalty, but that doesn’t mean employees have to remain silent about alleged discrimination. Although it may seem disloyal, approaching a customer about a workplace problem may be a protected activity under some circumstances …

Work to accommodate disability, but know when to fold

06/01/2007

Disabled employees are entitled to reasonable accommodations for their disabilities in order to perform the essential functions of their jobs. But that doesn’t mean employers have to create a whole new job within the disabled employee’s capacities. All the ADA requires is an honest attempt to find solutions …

Court Extends Whistle-Blower Protection in Law School Case

06/01/2007

The director of public relations for Ave Maria College in Ypsilanti may proceed with her whistle-blower lawsuit after an appellate court ruled that the Michigan Department of Education (MDE) counts as a public body …

Jury delivers $2.1 million verdict to UPS

06/01/2007

UPS survived a race discrimination lawsuit only to be hit with a $2.1 million verdict for retaliation against a Detroit-area national account manager …

Use confidentiality clause to guard against ‘Litigation theft’

06/01/2007

Employees pursuing legal actions against their employers sometimes snoop around to see what documentary “evidence” of wrongdoing they can find around the office. Protect yourself by having a clear policy against such unauthorized document distribution …

Any pregnancy problem is a serious condition under FMLA

06/01/2007

When it comes to a pregnancy, employers may want to follow the safest path: Approve any absences that are even remotely related to the pregnancy as FMLA-covered time off …

No medical certificate? You can still run FMLA leave with PTO

06/01/2007

The U.S. Labor Department allows you to run FMLA leave concurrently with other paid time off. That’s your decision to make, not the employee’s. The result: no more than 12 weeks off. The same is true even if the employee never provides you with medical certification of a serious health condition …

Whistle-Blower fired over fire

06/01/2007

An Ohio employer got burned after it fired an employee two days after he told an insurance inspector about a malfunctioning fire alarm …