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Firing

The Dirty Dozen: Manager mistakes that spark lawsuits

03/01/2007

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.

FMLA: When You Can Refuse to Reinstate a Worker

02/12/2007

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …

Managers who hire for ‘Right look’ may be discriminating

02/01/2007

Image is everything, as the saying goes. But be extra careful that your pursuit of a certain work-force image doesn’t result in the weeding out of legally protected employees (females, minorities, older workers, etc.) …

Consistent discipline: Your best defense against firing bias

02/01/2007

Some employers’ policies are stricter than others, such as zero-tolerance policies against theft. But it’s more important how you apply your policy than what the policy says …

Hired a dud? Double-Check that person’s qualifications and sniff out exaggerations

02/01/2007

You’ve no doubt hired a candidate who looks great on paper but quickly shows deficiencies. The experience he or she listed on the résumé isn’t apparent when the person starts work. Before long, you realize your mistake and fire the new employee, who then sues for discrimination …

Listen for hints about illness … they may be FMLA notice

02/01/2007

The FMLA’s notice provision requires employees, to be eligible for FMLA leave, to let their employers know that they suffer from a serious health condition. Merely telling a supervisor “I’m sick” doesn’t cross to the threshold of a legitimate FMLA notice. But it’s important for supervisors to know that employees, on the other hand, don’t need to say something as explicit as “I need FMLA leave because I have X illness” …

390,000 reasons to avoid religious talk at work

02/01/2007

A new Arizona court ruling offers a good reminder that asking employees about their religious practices is irrelevant unless the employee is requesting a religious accommodation, such as time off to worship …

Can a company be liable for race-biased firing if decision-maker didn’t know the person’s race?

02/01/2007

The U.S. Supreme Court has agreed to decide on an important race-discrimination employment issue: whether a fired employee can win a race-discrimination lawsuit when the manager who pulled the trigger on the termination didn’t know the employee’s race …

Florida’s whistle-blower law doesn’t cover report of co-worker assault

02/01/2007

Florida’s Whistleblower Act protects employees from retaliation for bringing wrongdoing to the proper authorities’ attention. But the law covers only illegal activities that are purposely committed for the employer’s benefit …

Victoria’s Secret lawsuit serves as warning about pregnancy bias

02/01/2007

The manager of a Tampa Victoria’s Secret store recently filed a complaint alleging that the store fired her because she was pregnant. The woman alleges that management told her the pregnancy “was going to be a problem” …