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Firing

On to trial for worker advocate’s retaliation claim

12/02/2011
Employees and their lawyers are getting more creative with their lawsuits. Not content to rely on federal anti-discrimination laws, they add claims under state law, too. That increases their chances of making a claim stick.

Only truly outrageous conduct can add up to intentional infliction of emotional distress

12/02/2011
Ohio law allows individuals to sue for intentional infliction of emotional distress, including cases that arise from work-related incidents. Fortunately for ­employers, uncaring or insensitive incidents don’t qualify. The circumstances must be truly outrageous.

Log problems, improvement efforts before terminating

12/01/2011

Occasionally, you’ll run across an employee who has a hard time performing up to expectations and won’t accept suggestions to improve. If he belongs to a protected class, you may worry about a lawsuit if you terminate him. That shouldn’t be a problem if you take the time to document problems before termination.

Shared password rouses firing, lawsuit against TIAA-CREF

11/30/2011
A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.

Don’t let FMLA request stop discipline that was already in the works

11/30/2011

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

Don’t tolerate insubordination, rudeness

11/30/2011

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.

Warren Twp. out $2.6 million for retaliatory firing

11/29/2011
A Morris County jury has awarded $1.38 million to former Warren Township prosecutor Michelle D’Onofrio, who was fired in 2007 after accusing a local judge of misconduct.

After FMLA leave, build bullet-proof case before firing

11/29/2011
It’s certainly possible to terminate an employee who returns from FMLA leave—if you have good reasons un­­related to the FMLA.

When employee files nonsense lawsuit, leave the legal maneuvering to your attorney

11/29/2011

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.

Fayetteville Goodyear plant sued over woman’s firing

11/28/2011
Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.