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Firing

Don’t count on second opinion as an excuse to reject FMLA leave

04/14/2011

If an employee gets a certification showing he has a serious health condition under the FMLA, you can request a second, independent assessment. But if the second opinion says the condition isn’t serious, that’s not the final word. FMLA regulations require a third opinion as the tie-breaker.

Firing employee? Make sure he knows he really has been terminated

04/14/2011

Employees have tight deadlines for filing discrimination complaints. But the clock doesn’t start ticking on those deadlines until the employee knows he’s been fired. If you’re terminating someone, be sure to make that clear!

How not to handle FMLA leave: Do what Chicago did to a seriously ill employee

04/14/2011
Here’s a chance to learn from an employer’s FMLA mistakes. Don’t make the same ones yourself.

The labor law waiting to trip you up–even if you’re not unionized!

04/12/2011

Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. For example, the National Labor Relations Board recently announced that a nonunionized employer will pay $900,000 to two fired employees to settle charges that it violated the NLRA. Here’s a compliance primer.

Firing for poor work or rule breaking? Clear business reason will beat lawsuit

04/06/2011
Most workers are at-will employees, who can be fired for any reason or no reason at all, as long as your actions don’t violate anti-discrimination laws. That can tempt some supervisors to get lazy and fire a difficult employee without documenting exactly why. That’s a big mistake.

Offer FMLA, but still enforce attendance rules

04/06/2011

Employees occasionally have to step in on short notice to help care for a family member and may legitimately need FMLA leave to handle those responsibilities. Go ahead and suggest FMLA time off. However, until the employee takes you up on the offer, you can hold her to your regular attendance policy.

State workers have limited right to challenge firings

04/06/2011
Here’s a reminder if you work at a Texas public university or another state-affiliated organization: Employees may have a “property interest” in their jobs. That means they’re entitled to receive notice that they are being fired—and to challenge the decision.

You can fire worker out on FMLA leave–just show legitimate work-related reason

04/06/2011

Some employees believe that applying for or taking FMLA leave insulates them from legitimate punishment. They think, “You can’t discipline me because I just took FMLA leave; that would be retaliation.” That just isn’t true.

Terminating without giving a specific reason? Document rationale for the record, regardless

04/06/2011

Many employers don’t like to provide specific reasons for firing someone. Instead, they simply tell the employee that he is being terminated from his at-will employment. Don’t take that as an excuse not to document the reason you are terminating the employee.

Jury awards $900,000 in age discrimination case

03/31/2011
A 30-year veteran at University Hospitals in Cleveland has won an age discrimination case in Cuyahoga County court. Gloria Parks argued that her supervisor blamed her for the mistakes of two younger co-workers because he favored young, female workers.