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Firing

NLRB: Pre-emptive firing to prevent employees from discussing pay and benefits is illegal

03/09/2011
In a recent case, the National Labor Relations Board ruled that employers unlawfully interfere with an employee’s rights if they terminate the person in anticipation that he might discuss working conditions with his co-workers in the future.

Supreme Court: Check boss bias before disciplining

03/08/2011
The Supreme Court’s latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Hamilton’s Personal Touch in court over ADA allegations

03/04/2011
The EEOC has sued Hamilton-based Personal Touch Home Care, claiming it violated the ADA by failing to accommodate an employee who suffered from renal failure, chronic obstructive pulmonary disease and asthma.

Opposing unemployment comp isn’t retaliation

03/04/2011
A federal court has dismissed a case that could have created big headaches for any employer trying to prevent a discharged employee from receiving unemployment compensation benefits.

East Texas inspector files reverse discrimination suit

03/04/2011
A former employee of Signal International has filed a reverse discrimination lawsuit against the oil rig construction company, claiming that he was fired because he is white.

Was she just foul-mouthed–or a victim of bias?

03/04/2011
Westward Trails Rehabilitation and Healthcare Center says it fired Evelyn Jones because she cursed at a patient at the Nacogdoches nursing home. The 67-year-old Jones says she lost her job because of her age and race.

Disclaimer can counter employment-contract argument

03/04/2011
A disclaimer that clearly states an employee has no employment contract may be enough to kill a tortuous interference-with-contract claim.

Dirty Dozen: 12 manager mistakes that spark lawsuits

03/03/2011
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Remind bosses: Reference check calls go to HR

03/01/2011
If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. One reason: A whole new industry has emerged to help former employees find out what their old bosses are saying about them. That makes it more important than ever to refer all reference check calls to HR.

Certain you had a good reason for firing? Don’t agonize over decision–or fear a bias suit

02/28/2011

Do you live in fear of being sued for discrimination? Don’t let it compromise your legitimate decisions. If you’re confident that you have good reasons to fire someone, don’t worry about whom you hire to replace that employee. Even if the replacement is outside the fired employee’s protected class, she probably won’t be able to successfully sue you.