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Firing

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.

Don’t allow managers to issue hasty termination letters

06/01/2005
If you haven’t already, establish a policy that says HR and/or other senior executives must review supervisors’ termination proposals. The goal: Prevent supervisors from making legally dangerous firings out of anger, …

Employee moonlighting: Should you ban it?

06/01/2005
Issue: One in 20 employees moonlights, and a hot labor market offers employees in your shop new opportunities to work second jobs.
Risk: Moonlighting can create tired, distracted employees, plus …

Choose ‘firing words’ carefully; stick to performance

06/01/2005
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