• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

Be consistent when you discipline and terminate

03/01/2004

Q. We fired one of our truck drivers after giving him a written warning about continued lateness in completing weekly logs. Should we have taken any other action prior to his termination? —R.W., California

Use caution in firing employee after On-the-Job injury

03/01/2004

Q. An employee in our plant was directed by a replacement line supervisor to use a machine that he wasn’t trained to operate. The employee stuck his hand into the machine to clear a jam and was injured. The plant supervisor fired the employee while he was still in the hospital for operating machinery he hadn’t been trained on. Does the employee have a right to sue us if he was actually ordered by the line supervisor to do this job? —K.C.

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

Don’t lash out at workers who take jury-duty leave

02/01/2004
Issue: Can a small organization point to its size as a valid reason to deny jury-duty leave?
Risk: State law exemptions won’t necessarily protect you from this type of lawsuit. …

‘Angel of death’ case highlights the risk of negligent hiring lawsuits

02/01/2004
When news reports surfaced in December that a New Jersey hospital nurse admitted to killing 30 to 40 patients in his 14-year career, a pattern of lax background checks emerged.
…

Clarify your vacation policy or cough up extra pay

02/01/2004
Issue: Must you always pay employees for their unused vacation time when they depart your organization?
Risk: An unclear vacation policy could allow terminated employees to sue you and collect …

Don’t delay on FMLA decision; act quickly or risk liability

02/01/2004
Issue: Notifying employees that their leave qualifies under the Family and Medical Leave Act (FMLA). Risk: Courts tend to resolve borderline FMLA eligibility disputes in favor of employees. Action: …

You can require tests to set disability accommodations

02/01/2004
Issue: How to follow Americans with Disabilities Act rules requiring an “interactive process” with disabled employees.
Benefit: You can reject an accommodation request if the employee won’t cooperate in the …

You can enforce ‘last-chance’ pacts with on-the-ropes employees

01/01/2004
Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They’re common in cases involving alcohol abuse, drug abuse …

Is quitting the same as being fired?

01/01/2004
The Supreme Court agreed last month to clarify a vexing question about employer liability in sexual harassment cases: Do employees who quit and then claim harassment possess the same rights as …