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Firing

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. …

You can’t base employment decision on reasons unrelated to the job

01/01/2005
You’re free to set certain terms and conditions for employees’ jobs. But make sure none of those conditions step on employees’ constitutionally protected rights, particularly rights that apply to their personal …

Abercrombie settlement: a lesson in hiring for ‘looks’

01/01/2005
In what the Equal Employment Opportunity Commission (EEOC) labels a “landmark” settlement, retailer Abercrombie & Fitch is shelling out nearly $50 million to settle three employment discrimination suits …

Can you hire for ‘looks?’ Abercrombie case offers a lesson

01/01/2005
Issue: Whether a marketing strategy can, or should, dictate your organization’s hiring practice.
Risk: Any hiring strategy that appears to discriminate against a protected class is fair game for EEOC …

Accommodate religious requests; don’t debate ‘sincerity’

01/01/2005
Issue: Accommodating employees’ religious beliefs and practices even though you question their legitimacy.
Risk: You’ll waste time (and potentially spark a lawsuit) by challenging a person’s religious sincerity.
Action: …

Inability to ‘get along with others’ may qualify employees as disabled

12/01/2004
Perk up your lawsuit radar if you (or one of your organization’s managers) plan to discipline an employee who has emotional problems and difficulty relating to other people. As the following …

Apply ‘fashion police’ rules evenly to avoid discrimination complaints

12/01/2004
When it comes to enforcing your organization’s dress code, consistency is the name of the game.
As the following case shows, you can’t prevent employees from wearing union-related shirts, hats …

Employee refusing to sign review? Don’t let that stop your discipline

12/01/2004
As part of your performance reviews or progressive discipline process, you probably ask for the employee’s signature to acknowledge the issues discussed and actions taken. What if that document is likely …

Enforce ‘truth statement’ on applications

11/01/2004
If your organization’s job application doesn’t include a “statement of accuracy,” add one fast. In signing, applicants promise they’ve given complete and accurate answers. Such statements provide a solid legal basis …