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Firing

Supreme Court expands filing window in ‘Section 1981’ cases

06/01/2004
The U.S. Supreme Court last month set a four-year statute of limitations in so-called “Section 1981” discrimination cases.
While most employees file discrimination cases under Title VII of the Civil …

States aren’t immune from ADA lawsuits, high court says

06/01/2004
The Supreme Court ruled May 17 that disabled people can sue state governments for failing to provide them access to courthouses, voting booths or other public services.
Previously, states had …

Your probation period: a lawsuit waiting to happen

06/01/2004

If your employee handbook or job-offer letters say new hires will face a probation period of, say 60 or 90 days, you should consider dropping that policy.

Serious condition, not its symptoms, triggers FMLA

05/01/2004
The next time you consider a request for leave under the Family and Medical Leave Act (FMLA), remember this: For employees to be covered under the FMLA for their own “serious …

Telecommuters eligible for FMLA? Geography may be irrelevant.

05/01/2004
An account executive who telecommuted from her California home office sued her Kansas-based employer, claiming she was fired after taking FMLA leave to recover from surgery. The company said she was …

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Handle soon-to-retire employees with care

05/01/2004
Issue: If an employee has one foot out the door, can you push the other foot out, too?
Risk: “Retiring” an employee before he’s ready can open the organization to …

The top 4 termination mistakes managers make

05/01/2004
Wrongful termination lawsuits are time-consuming, expensive—and almost always preventable. Here are four firing mistakes managers often make, plus what HR should do to keep them from happening.

Don’t ‘retire’ someone before he’s ready

04/01/2004
Just because an older employee is preparing to retire, it doesn’t give your organization the right to push him out the door.
The federal Age Discrimination in Employment Act (ADEA), …

Oral promise of long-term job will trump written at-will agreement

04/01/2004
Caution your hiring managers to avoid making, or even hinting at, guarantees to prospective employees about long-term job commitments. “Talking up” permanence to lure applicants could crush your ability to fire …