Firing

Beware firing after employee’s pay complaint

05/25/2012

Make sure before you fire someone that she’s been paid everything she is owed. And if the employee has complained about pay irregularities, be sure to investigate right away.

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging employees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they actually fill out the workers’ compensation paperwork.

Jury: He’s no whistle-blower, just an abusive manager

05/24/2012

The Pennsylvania Department of Environmental Protection said it fired Steve Barto from his job as an environmental group manager because he intimidated employees, used racial slurs and behaved erratically. When Barto sued the DEP for allegedly violating his civil rights, he painted a different picture.

How to prevent leave double-dipping: Prohibit vacation travel during paid FMLA leave

05/24/2012

It’s perfectly legitimate to prohibit recreational travel during any approved, paid sick leave. If you also happen to substitute paid sick leave for unpaid FMLA leave, you can still enforce the same no-vacations policy.

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