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Firing

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 …

Check your FLSA compliance; Fed penalties reach 11-year high

01/01/2004
The Labor Department’s beefed-up compliance audits and prosecutions of Fair Labor Standards Act (FLSA) complaints packed a wallop last year. Total back wages collected for workers in
fiscal 2003 jumped …

Managers can sink you with ‘spiteful’ references

01/01/2004
Issue: Court ruling makes it easier to win defamation suits stemming from poor job references. Risk: Thousands of dollars in defamation claims. Action: Limit the number of people authorized …

Don’t take a manager’s word that he’s not retaliating

01/01/2004
Issue: Courts will frown on “rubber-stamped” discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal “conspiracy” to retaliate. Action: …