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Terminations

East Texas nursing home gets a pregnancy checkup

11/01/2010

The EEOC has sued an East Texas health care company for firing a housekeeper after learning she was pregnant. The federal agency sued Murphy Healthcare, which operates Frankston Healthcare Center, for firing Myesha Kerr, allegedly because it was concerned that she would be required to perform heavy lifting and be exposed to toxic chemicals.

If reorg cuts jobs, check for inadvertent bias

11/01/2010

Is your organization planning big changes that could result in layoffs? You may have no choice. But a poorly planned and implemented layoff can cost more than it saves if it invites lawsuits. That’s why it’s important to check for potential race bias or other discrimination before making final decisions.

Tell bosses: Never urge workers to retire

11/01/2010
If an older employee has to be terminated, the fact that a boss had hinted that the worker should retire will make it easier to persuade a court that age was the real motivating reason for the discharge.

Use absenteeism points to avoid favoritism

11/01/2010

When employees are fired for absenteeism, they may be quick to point to unequal treatment, saying other workers kept their jobs but were absent more often. One way to avoid such claims is to install a point system to punish absenteeism, terminating employees who accumulate too many points.

Roselle employee’s lawsuits double-down against borough

10/29/2010
A former public works department employee has filed sex discrimination charges against the borough of Roselle—and now she’s added a breach-of-contract lawsuit that offers lessons for HR professionals.

Warn managers about dangers of commenting on worker’s age

10/29/2010

Managers and supervisors sometimes do stupid things—such as making statements older workers may interpret as ageist. But ill-chosen words don’t guarantee a successful age discrimination lawsuit. That’s especially true if the comments were made many months before the employee was terminated or otherwise suffered alleged discrimination.

Calculate FMLA eligibility based on date leave begins

10/28/2010
Some workers decide to provide notice that they’ll need FMLA leave long before they’re even eligible for coverage. When you get such a request, don’t reject it out-of-hand.

Worker quit to care for parent? Know state law

10/28/2010

The news is filled with stories about unemployed workers who can’t find jobs. Yet despite the downturn, some employees find they still must quit their jobs to care for elderly parents. In Pennsylvania, the law makes that easier.

Dillard’s faces age bias charges after firing in Cary

10/26/2010

Dillard’s department stores will have to answer in court to charges it discriminated against former area sales manager Virginia Keene because of her age. Working in Cary, Keene was 61 years old at the time the company fired her and replaced her with a 24-year-old with only four months’ experience.

Can you pass the constructive discharge test? Beware lawsuits from employees who quit

10/26/2010
Some supervisors wrongly assume that employees who quit can’t sue because they weren’t fired. That’s not true. An employee who finds conditions so intolerable that he or she has no choice but to quit can sue and allege termination. Fortunately, courts expect employees to have relatively thick skins. Workplaces will never be perfect and courts don’t expect them to be.