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Firing

Care for healthy child wins FMLA coverage

11/01/2002
The walls of employee FMLA protection have grown higher with a new court ruling that says a worker must be given leave to look after his healthy children while his wife …

Less prestigious job leads to constructive discharge

11/01/2002
After a top-performing African-American server at Denny’s was transferred to a different location, the restaurant unexpectedly reassigned her to busing tables. She walked off the job and sued, alleging that she …

Regulating off-duty conduct: How far can you go?

11/01/2002
Say you find out that your sales manager is dating the marketing director of your biggest competitor. Or that your cashier has a bottle-of-scotch-a-day drinking habit after work. Can you fire …

Don’t deny ADA accommodation due to ‘potential’ seniority break

10/01/2002
After 18 years as a truck driver, Donald Dilley developed back trouble and was limited by his doctor to lifting less than 60 pounds at a time. Dilley asked for routes …

Employer’s extortion ignites wrongful discharge claim

10/01/2002
The owner of a ranch hired B.J. and Nancy Logan to work on his property. When the Logans got a permit to develop their own property near the ranch, the ranch …

Don’t fire workers to trim health costs

09/01/2002
During Kathy Smith’s first year in a customer service job, her husband was diagnosed with heart disease and her son with water on the brain. Treatment was covered under the firm’s …

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas

Don’t wait for disabled to ask: Accommodation is two-way street

08/01/2002
Ray Birton, a cart gatherer and stockman at a Missouri Wal-Mart, occasionally forgot instructions and didn’t clock in and out correctly, resulting in paycheck errors. Birton’s mother gave his manager …

Don’t Rely on ‘Same-Actor’ Defense

08/01/2002

Q. If an employee claims she was discriminated against by the same supervisor who hired and fired her, does the employer have a defense to the discrimination claim? —S.D., New Jersey

Stick to facts with mental fitness tests

07/01/2002
Don Jackson, a county utility worker, got quite a shock one night when a psychologist called to confirm an appointment in two days. Jackson hadn’t made the appointment, his employer had. …