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Terminations

Beware REDA retaliation against ex-employees

09/22/2011

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits retaliation when employees engage in protected activity at work. Since REDA protects employees, some employers have argued that the law doesn’t apply to former em­­ployees. It does.

Study: Disgruntled ex-employee is now the new norm

09/22/2011
The days of happy alumni singing your praises seem to be over. More than three-quarters of departing workers say they would not recommend their ex-employer to others, according to a new Corporate Executive Board survey.

Worker, boss broke same rule? Punish them equally

09/21/2011
Here’s a case that shows how not to handle a discharge based on alleged wrongdoing on the part of a super­visor and his subordinate.

Stop harassment lawsuits by requiring bosses to log employees’ performance problems

09/21/2011
Here’s a great reason for insisting that all supervisors document their subordinates’ performance problems: If an employee later claims her manager behaved abusively, good documentation will support any discipline for poor performance. That could block a harassment lawsuit.

When executive wants to ease into retirement, can we insist on a ‘retirement contract’?

09/16/2011
Q. An executive wants to retire in one year and gradually reduce her schedule until then. Our business needs don’t allow us to have this executive role be part-time on a long-term basis. Can we approve this request on the condition that the executive sign an agreement binding her to retire within one year?

EEOC targets Pine City firm for yet another ADA case

09/16/2011
For the second time since 2009, Product Fabricators is being charged with disability discrimination. Accord­­ing to an EEOC complaint, the Pine City-based sheet metal manufacturer fired an injured employee instead of accommodating him.

Lying may mean no unemployment compensation

09/16/2011
Employees who lie when confronted about wrongdoing are ineligible for unemployment compensation benefits—at least if the lie concerned something about which the employer could reasonably expect the truth.

Planning layoffs? Check age demographics before and after proposed RIF

09/16/2011
Before you implement an involuntary reduction in force, make sure you determine whether you’re vul­­nerable to an age discrimination lawsuit. You can do this by seeing what percentage of the workforce was over age 40 before the planned layoff …

Don’t want to budge on accommodations request? Plan on defending yourself in court

09/16/2011
Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.

3M to pay $3M to settle age bias suit

09/16/2011
Minnesota-based 3M has agreed to pay $3 million to 290 former em­­ployees to settle an EEOC lawsuit that claimed layoffs in 2003 and 2006 disproportionately targeted workers age 45 and older.