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Firing

Vague bias claims won’t get far in federal court

02/07/2011
Some former employees think that filing a federal lawsuit is the best way to build up their bank accounts after being fired. Their complaints are often short on detail. Courts are beginning to toss out those complaints.

You’re not a doctor! Don’t restrict pregnant employee’s work unless her physician says so

02/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Kind gestures are fine, but watch out if a manager’s overprotectiveness results in women being denied promotions or opportunities to work when there’s no reason not to.

You never know what you’ll learn: Before making firing decision, let employee talk

02/02/2011
Sometimes, it’s useful to ask for an employee to comment on allegations that could lead to his discharge. For example, in the following case, the employer was about to fire a worker for omitting prior employment from his job application. Before doing so, the employer directly asked if that had, in fact, happened.

It’s OK to punish drunk worker for misconduct, but not for his disability

01/31/2011

Disabled employees sometimes think they can use their medical conditions to get away with misbehavior. That’s simply not true. Employers can and should punish behavior that is disruptive, wrong or breaks company rules, even if that behavior may be tangentially related to a disability of some sort.

Good records mean you’re always prepared for court

01/28/2011
Here’s a truism that should help you sleep better at night: If you keep good records and track all discipline, you’ll seldom lose discrimination lawsuits.

Make sure documentation tells complete story of terminated worker’s conduct

01/28/2011

Employees who are fired don’t have much to lose by suing their former employer. And once they start talking to a lawyer, they often suddenly “remember” all kinds of terrible things their co-workers and supervisors did. Counter revisionist employee hindsight with good documentation of every interaction leading up to the termination.

New hire’s skills and pay top ex-employee’s? Justify based on business needs

01/28/2011

Judges see a lot. It’s usually pretty easy for them to figure out when an employer is trying to use “the lousy economy” as a pretext to discriminate against an employee. But judges are also good at recognizing when discrimination hasn’t been a factor in an employment decision.

If fear is a factor, fire threatening employee

01/28/2011

It’s a legitimate workplace fear: Someone with emotional or mental problems will act out against co-workers. Sometimes, the consequences are deadly. Most of the time, threats of violence are just words. But words are enough to justify firing an employee who expresses intent to do harm, because of the fear that it instills in others.

No litigating related claims in separate venues

01/28/2011
The Court of Appeal of California has ruled that employees can’t pursue related claims in different forums at the same time.

Crothall Healthcare settles pregnancy discrimination claim

01/26/2011
Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.