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Firing

Knowingly hired older worker? Don’t fear age bias lawsuit

08/08/2011
Employers that willingly hire older employees and later discharge them are unlikely to lose if they later face an age discrimination suit.

It doesn’t matter who started it! Managers must always behave appropriately

08/08/2011

Some employers have strict rules that prohibit supervisors from getting involved in subordinates’ personal problems—or treating them badly. That’s fine. Employers are free to set their own supervisory standards, and a subor­dinate’s behavior doesn’t excuse a supervisor’s out-of-bounds reaction.

When can we fire for offensive body odor?

08/01/2011
Q. We have a staff member with body odor so bad that other staff members have complained and even threatened to leave the company. The employee has been disciplined several times and required to go home without pay until she agrees to comply with our grooming code. At what point can we legally terminate her?

Public employees’ contracts don’t provide ‘property interest’

07/29/2011
Texas public employees who work under a contract don’t have a property interest in that job once the contract expires. That means they can’t sue for deprivation of property.

You must grant FMLA leave for employee who must care for badly injured adult child

07/29/2011

Eligible employees can take up to 12 weeks of unpaid FMLA leave to care for a seriously ill son or daughter. That’s true for young children, of course, but also for those older than 18 who are “incapable of self-care because of a mental or physical disability.” Don’t split hairs on this.

Worker lied about treatment? That’s grounds for termination

07/26/2011

Some employees are less than honest about their absences. From the “Monday morning flu” to claiming time off for nonexistent medical treatment, employees can get creative. But what can you do if you find out later that an employee has lied to get time off? Fire him for misrepresentation.

Independent exam for safety’s sake doesn’t violate ADA

07/26/2011
Some employees believe that an em­­ployer can’t legally request a medical exam. They’re wrong.

Be prepared to explain your reasonable rationale for firing protected-class worker

07/26/2011

Hesitant to fire an employee because of his race, religion or other pro­­tected characteristic? Don’t be. Employers with legitimate reasons to discharge someone generally win cases. That’s true even if the firing might appear discriminatory—such as when the sole fired employee happens to belong to a protected class.

Did Pantego firm act too fast by firing worker taking meds?

07/25/2011

The EEOC is suing Pantego-based Tideland Electric Membership Corp., claiming it failed to accommodate a disabled employee. Jeffrey Erdman suffers from a chronic pain condition, but with the help of prescription painkillers, he was able to perform his job as an apprentice lineman. However, when Tideland learned of Erdman’s condition and the narcotic prescribed for his pain, it fired him.

‘Feeling’ bias in NASCAR? Court says ‘no go’

07/25/2011
When employees carry a chip on their shoulders, they may see dis­crimination in acts that are simply nor­mal workplace behavior. For­tu­nately, courts won’t allow dis­crimi­nation cases to go to trial if they’re based on nothing more than vague “feelings.”