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Terminations

NLRB sanctions Toledo industrial cleaning company

02/09/2011
The National Labor Relations Board has come down hard on Toledo-based Bebley Enterprises, ruling that the company illegally terminated a collective bargaining agreement, stopped contributing to the union’s benefit program, quit collecting union dues and harassed employees who were loyal to the union.

Understand Ohio unemployment comp: Breaking a rule isn’t enough to deny benefits

02/09/2011

You may think that discharging an employee for breaking a company rule automatically means that former employee won’t receive unemployment compensation in Ohio. But that’s not always the case. In fact, breaking a rule isn’t enough. Instead, the measure of whether you had just cause to fire the employee is whether an ordinary person would have done what the employee did under the same circumstances.

Tempted to give negative reference? Watch out!

02/09/2011
If a company that’s considering hiring one of your former employees calls for a reference check, think twice before saying you can’t recommend him. If that employee engaged in protected activity while working for you, he may see your negative reference as retaliation for that activity. And that may spur a lawsuit.

NLRB settlement suggests employee Facebook posts are protected

02/08/2011
The National Labor Relations Board has settled with a company that fired an employee for posting negative comments about a boss on her Facebook page. The case seems to signal that employee communications that happen via social media constitute protected activity under federal law. Does your social media policy go too far?

Houston strip bar peels off $60,000 to settle age bias suit

02/07/2011

The adult entertainment business trades on youthful vitality, but there’s no reason an older worker shouldn’t serve drinks in a strip club. So said the EEOC, which just reached a settlement agreement with the owners of Houston’s Cover Girls strip bar after they fired a 56-year-old waitress.

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.

Nacogdoches ATV dealer faces constructive discharge suit

02/07/2011
A former secretary at a Nacogdoches vehicle dealership says the sexual harassment there was so severe she had no choice but to quit. That’s the definition of “constructive discharge,” and it’s the basis of the lawsuit Jennifer Burch has filed against Eastex Tractor & Powersports.

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.

Global trend: Retire at age 61 … but not in America

02/07/2011
While workers around the world expect to retire at age 61, in the United States people expect to retire at age 63, according to a survey of 31,000 by AXA Equitable.

Arbitrators can decide post-termination retaliation

02/02/2011
Good news if you use arbitration agreements: They apply to former employees who claim retaliation based on protected activity. The potential result: You’re less likely to wind up defending a lawsuit in federal court.