Firing

OSHA orders reinstatement for truck driver–plus $190,000

05/16/2012

OSHA has ordered Georgia-based Interline Logistics Corp. to rehire a whistle-blowing Sauk Village driver who reported that his truck had brake problems.

Faking illness is grounds for denying unemployment comp

05/10/2012

Employers have the right to expect their employees to be honest. When an employee is fired for lying about being sick and missing work, the employer won’t be liable for unemployment compensation payments.

Remind supervisors to err on the side of caution when employee claims medical emergency

05/10/2012

When supervisors act out of anger or ignorance, the result is seldom good.

Know employee’s diagnosis? Don’t assume FMLA

05/09/2012

If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

Personal Touch lacked it with employee

05/04/2012

File this one under “Ironic.” A Hamilton-based health care company whose motto is “The people with a heart” has had to settle an EEOC lawsuit that charged it with illegally firing a disabled employee.

Plan how you will contest bid for unemployment benefits

05/04/2012

You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment. Be prepared to show exactly why you terminated him.

Cops: Accountant skims $333K over course of 10 years

05/01/2012

It took 10 years, but an accounting employee of Hershey Entertainment & Resorts managed to sock away a tidy nest egg totaling more than $333,000. The only trouble, according to police and prosecutors: She built her savings account by embezzling the funds from her employer.

Categorize reasons why you impose employee discipline

05/01/2012

You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.

Appeals court: Attorney fines OK to stop frivolous lawsuits

04/27/2012

Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.

Document every termination as if it will be challenged in court

04/25/2012

Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.