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Firing

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions …

North Carolina law allows honest answers to reference requests

01/03/2014
Employers often worry when they respond to requests for an em­­ployee reference. They assume if they aren’t upbeat and positive, they may end up liable if the employee doesn’t get the job. Fortunately, that’s seldom a worry if you are honest, aren’t out to “get” the employee and never volunteer any information without first being asked.

Judge: Firing was too harsh for heroin-toting teacher

12/10/2013
A judge ruled that firing a teacher who brought 20 small packages of heroin into a Manhattan Court­­room was “excessive and shocking to this court’s sense of fairness.”

Termination for legitimate business reason trumps FMLA

12/10/2013
Employers can terminate an em­­ployee about to take FMLA leave if they have legitimate business reasons that have nothing to do with taking FMLA leave.

Worker won’t sign off on handbook: Can we fire her?

12/04/2013

Q. We just updated our policy manual and are asking employees to sign a standard acknowledgment of receipt form. If an employee refuses to sign it, is that grounds for termination? Or should we just document that they refused to sign? 

Fix leave errors before they become expensive mistakes

12/03/2013
Make sure employees receive the leave they’re entitled to under Cali­­for­­nia’s Fair Employment and Hous­­ing Act (FEHA). If a supervisor terminates an employee under the mistaken belief she’s at-will and can be fired for poor attendance—when she’s really eligible for medical leave—fix the mistake immediately.

Even one employee in Texas? Then he can sue you in Texas courts

12/02/2013
Don’t assume that just because your company is not located in Texas, you can’t be sued in the state. As long as your company employs someone in Texas, that’s enough.

Document efforts to get FMLA certification

12/02/2013
There’s a right way and a wrong way to terminate an employee who isn’t returning from FMLA leave. The right way: Offer every opportunity to ask for an extension—and document that you did so. The wrong way: Just fire her when she doesn’t show up on the day she was supposed to return.

Cary salesman’s last-ditch affidavit saves age bias case

11/26/2013
A former car salesman who claimed a Cary dealership fired him because it felt selling cars was a “young man’s game” appears to have plucked victory from the jaws of legal defeat.

Employee lied about criminal convictions on application? That’s a firing offense

11/26/2013
You may have heard that the EEOC is cracking down on employers that use criminal records in hiring. But that doesn’t mean you can’t ask in the hiring process.