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Terminations

Overwork not enough reason to quit, collect unemployment

08/25/2010
Employees these days are working harder and longer than ever. And that can be stressful. Some employees may believe they can escape the pressure by quitting because of stress and applying for unemployment compensation benefits. That usually won’t work.

Fear lawbreaking? Document before firing

08/25/2010

Some employers don’t necessarily want to confront an employee directly when they suspect that he may be engaged in illegal activity. The threat of violent reprisal is very real. If you fire the employee, he may sue, alleging some form of discrimination. But if you have documented why you did what you did, chances are the lawsuit will be dismissed.

Is it time to ban swearing in the workplace?

08/25/2010
Should you establish a zero-tolerance ban on swearing in the workplace? It’s probably not realistic and you may set yourself up for discrimination claims if you clamp down on one employee’s slip-up but not another’s. Instead, establish more general rules that say offensive language and other disrespectful conduct are not permitted, and violators will be subjected to the discipline policy.

When firing, choose words carefully, stick to performance

08/23/2010
Employees who have just lost their jobs usually leave their termination meetings in a foul mood. So, don’t give them any reason during that meeting to send them marching to a lawyer’s office. As you’ll see in the following case, one inflammatory phrase from a supervisor can spark a lawsuit.

Call lawyer before considering anything like a noncompete–even a gentlemen’s agreement

08/23/2010

California lawmakers—and courts—don’t like noncompete agreements because they limit employee mobility and career growth. Most employers understand that they can’t enforce such agreements if an employee leaves. But what about an informal “gentlemen’s agreement” between competitors to refrain from hiring employees who signed agreements?

Remind bosses: Handle FMLA requests stoically, even if they’ll cause scheduling problems

08/20/2010
An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if they voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit. Remind them to accept FMLA requests professionally, without emotion.

Cook County HRC finds ‘substantial evidence’ of District’s anti-gay bias

08/18/2010

The Cook County Human Rights Commission has found “substantial evidence” of sexual-orientation discrimination in its investigation of the Bremen Community High School District No. 228. The case began after the district fired Superintendent Richard Mitchell following a series of clashes with the board.

Prepare to reinstate worker fired for working with OSHA

08/18/2010

Driver Peter Cefalu was fired from his job at Roadway Express after submitting a statement backing a co-worker’s claims that the company illegally required drivers to falsify their transportation logs. Cefalu complained to OSHA and was ordered reinstated …

Don’t automatically approve FMLA leave for elective or cosmetic surgery

08/18/2010

Elective surgery that isn’t medically necessary may not be eligible for FMLA leave because the employee having the procedure may not be suffering from a serious health condition. Challenge such leave requests by asking for the second and third certifications that the FMLA allows.

Uncomplicated flu may not be covered by FMLA

08/18/2010
During last year’s swine flu pandemic, lots of employers came up with contingency plans in case employees got sick. Most swine flu cases, thankfully, ended up being quite mild. And as a practical matter, that probably meant that most employees who had swine flu would not have been eligible for FMLA leave because they weren’t incapacitated or unable to perform the essential functions of their jobs for three days.