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Firing

Give staff at least 15 days to obtain FMLA certification

09/01/2006

When it comes to collecting proof about an employee’s FMLA medical leave, one stupid mistake can cost your organization big bucks. That mistake? Not giving employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave …

Returning soldiers aren’t at-Will employees … temporarily

09/01/2006

If you plan to terminate an employee who recently returned from military duty, you need a clear, business-based reason for your action. You can’t fall back on "at-will status" as a reason for firing in such cases …

Announcing terminations: What’s the smartest way?

09/01/2006

A reader of our weekly e-mail newsletter, The HR Specialist Weekly, recently posed this question: “How do you let other employees know when you’ve fired someone?” Following are some of the responses from other readers …

Firing employee on workers’ comp may be legal

08/01/2006

Texas law makes it illegal to fire an employee in retaliation for filing a workers’ compensation claim. But that doesn’t mean employees are untouchable just because they’re out on workers’ comp. You can legally discharge injured workers under a reasonable absence-control policy that applies to all employees, regardless of how they were injured or became ill …

Stick to FMLA certification rules, or lose your rights

08/01/2006

Make sure your supervisors (and you) know how to respond when an employee requests leave for his or her own serious illness or a family member’s illness. If you don’t follow the FMLA’s rules on how and when to request written proof about the illness or injury, you lose your right to challenge the employee’s leave request …

Consider criminal check for problem employees

08/01/2006

When you’re thinking about discharging a problem employee, consider running a criminal background check. In many cases, discovering a serious crime conviction can provide additional justification …

Drug-Test Policy Should Include Off-Duty Prohibition

08/01/2006

Pennsylvania employers that want to make sure their employees don’t come to work under the influence of alcohol or illegal drugs should establish a random drug-testing program. State law makes employees ineligible for unemployment compensation anytime an organization bases its firing on employees’ "failure to submit [to] and/or pass a drug test conducted pursuant to an employer’s established substance abuse policy" …

Head-Office decision won’t insulate company from liability

08/01/2006

Don’t think that leaving the final firing decision to someone in company headquarters will shield your organization from a discrimination lawsuit. Even if the ultimate decision-maker doesn’t know the race, sex or age of the employee in question, the fired employee can still file a discrimination claim if he or she can point to lower-level bias that tainted the decision …

Be on guard for often-Overlooked ‘Associated with’ claims

08/01/2006

A frequently disregarded ADA provision often catches employers by surprise. The ADA, which prohibits discrimination of disabled people at work, also bans discrimination against employees because they "associate with" someone who is disabled …

Handling ‘No-Match’ letters: Heed new DHS guidance

08/01/2006

Under the Immigration Reform and Control Act (IRCA), employers must verify the employment eligibility of all new hires within three days of the date of employment. Both employer and employee must sign an I-9 form that lists the identifying documents the employee presented to verify his or her eligibility. The law is now enforced by the Department of Homeland Security (DHS) …