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Firing

Never assume pregnancy will affect employees’ ability to work

09/01/2003
Issue: It’s up to pregnant employees to decide if pregnancy or maternity will prevent them from performing their jobs.
Risk: Liability for up to hundreds of thousands of dollars in …

You can require mandatory overtime

09/01/2003

Q. A new employee has just informed his supervisor that he can’t work any overtime. Can we legally fire this person? —G.M., Virginia

‘Free speech’ no protection to workers

08/01/2003
The next time an employee argues that he has a First Amendment right to say whatever he wants at work, wear a T-shirt with a controversial message or display …

Allow applicants to answer negative background-check results

08/01/2003
It’s true that your company could be held liable if it rejects an applicant based on inaccurate data in his background check. But don’t stop doing background …

If workers’ ‘free speech’ threatens others, you can ban it

08/01/2003
Issue: Employees wrongly believe the First Amendment protects their comments at work.
Risk: You don’t need to put up with employees who claim their harassment or bias is just “free …

Let applicants respond to background-check results

08/01/2003
Issue: You can be held liable for rejecting job applicants because of inaccurate background checks.
Risk: Defamation, invasion of privacy and wrongful-discharge lawsuits …

Less chance of receiving ‘no match’ letter from SSA in 2003

08/01/2003
Issue: Letters from the Social Security Administration (SSA) flushed out thousands of illegal aliens working in U.S. companies, creating chaos for HR departments …

Mentioning worker’s body odor isn’t discriminatory

08/01/2003
A Muslim IT manager sued for national-origin discrimination, claiming that he was fired for what his supervisor considered poor personal hygiene, not poor performance. His evidence: The supervisor had confronted him …

Behavior change can spark FMLA notice

07/01/2003
Perk up if an employee’s spotless performance suddenly deteriorates. That alone, even if the employee never mentions a word about a health condition, …

Title VII: Employees who sue for bias have easier path to victory.

07/01/2003
In a decision that elevates your legal risk in discrimination cases, the U.S. Supreme Court ruled in June that employees no longer need to show direct evidence …