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Terminations

Made an FMLA mistake? Avoid liability by offering reinstatement, no strings attached

02/25/2011
The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his legal complaint is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Plant closings: You must give 60 days’ notice

02/23/2011
The 9th Circuit Court of Appeals has issued a strongly worded opinion chastising an employer for trying to dodge liability for not giving 60 days’ notice that it would close a facility, as required by the federal Worker Adjustment and Retraining Notification (WARN) Act.

Make the independent contractor vs. employee decision before you bring person on board

02/22/2011
Make sure you make the employee-or-contractor call before you hire an employee. Don’t assume you can make the designation later. That usually won’t work. And you probably won’t even discover the problem until it’s too late to fix it—when a terminated worker files an overtime lawsuit.

Ready to punish slacking employee? First, have a talk with her

02/21/2011
If you hesitate to discuss problems with employees before disciplining them, it may be time to reconsider. After all, employees often admit their mistakes when confronted directly. Any admissions the employee makes during the interview can be used later to support your disciplinary decision.

Beware hasty discipline for FMLA leave-takers

02/15/2011

Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.

Employee who fears illness can quit, collect unemployment

02/14/2011
Workers whose employers give them good cause to leave a job are still entitled to unemployment compensation benefits.

Jewel-Osco to pay $3.2 million for violations of the ADA

02/11/2011
Jewel-Osco—the conglomerate that owns the Supervalu, American Drug Stores and Jewel Food Stores chains—has agreed to settle an EEOC lawsuit alleging it violated the ADA when it terminated employees after their medical leaves of absence ended.

Alcoholism: a disability; drunkenness: a firing offense

02/11/2011
Alcoholism may be a disability, but that doesn’t mean alcoholic employees can get away with showing up at work a little tipsy.

Want to ‘fire’ your way out of problems with troublesome employees? Think again

02/11/2011

You’ve been dealing with a particularly difficult employee. He’s constantly claiming he’s being discriminated against in one way or another. But then he breaks a rule, and you spot your chance to fire him—of course, following all your internal procedures to the letter. Finally! Now you can rest easy, believing the employee can’t possibly come back and successfully sue you. Guess again.

Prep for firing with honest investigation

02/11/2011

Courts don’t like it when employees are treated unfairly. On the other hand, judges don’t want to serve as HR courts, either. That’s why they generally defer to management decisions that seem fair and honest. Judges prefer it when employers investigate allegations of employee wrongdoing before they fire someone—but they don’t require that the investigation be perfect.