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Firing

You can be sued for what you say during an investigation

09/01/2005
When discussing hiring, firing or promotion decisions, make sure you can back up any claims with some proof. And impress upon others involved in such discussions to also be truthful and …

Self-diagnosis won’t cut it; require proof of disability

09/01/2005
Do you have an employee whose sniffles, coughing or health complaints drive co-workers crazy? Has she told you that she’s disabled and can’t help the snorting and sneezing? You don’t need …

Check bankruptcy records when employees sue

08/01/2005
If your organization is hit with an employee lawsuit, consider having your attorney check for a bankruptcy filing by the employee who sues you. If the lawsuit isn’t listed as an asset with …

Employee returning from injury leave? Don’t treat her with ‘kid gloves’

08/01/2005
You may know that the ADA entitles disabled people to reasonable accommodations to allow them to perform their job’s essential functions. But what about employees who have minor medical ailments that …

Firing during FMLA leave: legal, but usually unwise

08/01/2005
Issue: If you uncover an employee’s performance problems while she’s on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt …

Firing worker during FMLA leave: possibly legal, but usually unwise

07/01/2005
Terminating an employee who’s out on FMLA leave isn’t impossible. If you can prove that you would have fired the employee if he or she had been at work, you can …

Overly aggressive defense tactics may backfire on you in court

07/01/2005
When defending an employment lawsuit, be careful about authorizing your attorneys to use exceedingly aggressive tactics. If your lawyer goes overboard, you may end up paying the other side’s attorney’s fees. …

Check state law before firing victim of a stalker

07/01/2005

Q. One of our female employees says her ex-boyfriend is stalking her. She hasn’t been able to get a restraining order against him. We’re worried that he may show up and do her or other workers harm. Can we fire or suspend her? —B.L., Florida

The dangers of playing doctor with employee ailments

07/01/2005
Issue: Supervisors must be responsive to employees’ disabilities, but they shouldn’t overaccommodate them.
Risk: If supervisors voice their own assumptions about the disabilities’ impact, they could spark an ADA lawsuit. …

Should you return pirated software to a fired employee?

07/01/2005

Q. We terminated an employee after we caught him downloading software and movies onto his own CDs and DVDs. After he left, we found discs that contained copied movies in his desk. Now he’s asking for his belongings back. Are we required to return the discs? —D.V.