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Firing

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 …

Warn managers: Avoid assumptions about pregnant employees’ limits

11/01/2004
The Pregnancy Discrimination Act (PDA) says you can’t fire, demote or discipline a pregnant employee simply because of her condition. Take that one step further by reminding supervisors that they also …

Firing family members? If they’re at will, it’s your call

11/01/2004

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri