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Firing

When handing out discipline, make punishment fit the crime

03/01/2005
Managers may want to “get tough” on employees who have given them trouble in the past. But, as the following case shows, employees can sue for retaliation if they can prove …

Don’t impose grooming rules that weigh heavier on one gender

03/01/2005
Courts usually allow you to set grooming policies or appearance standards, particularly for employees who deal directly with customers. Just make sure you apply your rules evenhandedly across your work force. …

Don’t let managers hire or fire based on family health costs

03/01/2005
Issue: Can you terminate, or refuse to hire, people based on their impact to your health plan?
Risk: Employees have two paths to sue you for such cost-trimming employment actions. …

Use an ‘accuracy statement’ to sniff out applicants’ lies

03/01/2005
Issue: Creating a legal basis to reject (or fire) people who lie on their job applications.
Benefit: Providing a “statement of accuracy” on applications gives you strong legal standing against …

Don’t add fuel when you fire: 4 tips for terminations

03/01/2005
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Scent or sensitivity? ‘Bad smell’ accommodation isn’t automatic

02/01/2005
Say you have an employee who complains that certain workplace smells make him or her sick. If the employee asks for an accommodation to block out the offending odors, must you …

Employee (not you) is responsible for filing FMLA certification on time

02/01/2005
When employees take medical leave under the Family and Medical Leave Act (FMLA), you can require them to give you a doctor’s certification that confirms the medical problem. You must give …

Hiding behind staffing agency won’t protect you; temps can sue, too

02/01/2005
Don’t treat temporary workers like second-class citizens when it comes to complying with employment laws. Contrary to popular belief, your organization isn’t protected from job-discrimination lawsuits simply because the workers affected …

Poke holes in your absence policy before a court does

02/01/2005
Issue: How consistently do you treat employee absences?
Risk: Many organizations’ attendance policies, inadvertently or not, include legally risky doublespeak.
Action: Examine your policy, looking for contradictions and inconsistencies …

Don’t retaliate against employee who is arrested; await case result

01/01/2005
When dealing with employees who’ve had brushes with the law, remember that a big difference exists between “arrests” and “convictions.”
It’s clear that you can fire employees convicted of crimes. …