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Terminations

Asleep–or whatever–on the job? It’s safe to terminate

07/15/2010
It seems elementary that employees should work when they are being paid. But some employees apparently think it is fine to take unauthorized breaks by holing up in an inconspicuous place. You don’t have to put up with it.

Make sure your Internet usage reports are specific

07/15/2010

If you have a policy that tries to limit employees’ Internet use, make sure your IT department has an accurate and very specific way to measure that usage. Otherwise, an employee who’s fired for violating the policy may end up collecting unemployment compensation.

Before firing, make sure employee hasn’t made any recent safety complaints

07/15/2010

Minnesota employees who make good-faith reports about safety concerns are protected from retaliation. Before you approve a termination recommendation, make sure the employee hasn’t recently complained about safety issues. If he has, verify that the discharge reasons are genuine. Otherwise, prepare for a retaliation lawsuit.

Responding to an office affair? Don’t forget the ‘fair’ part

07/15/2010
When an office romance is in full bloom, it’s a tough secret to keep from the perceptive masses. But how’s an employer supposed to respond when an affair causes turmoil in the workplace? This court decision offers a good warning: Don’t discipline one partner but not the other.

Balance Staffing blindsided by recruiter’s ADA lawsuit

07/13/2010

Balance Staffing’s short-sighted treatment of a visually impaired recruiter will cost it $100,000 to settle a disability discrimination suit. Balance Staffing, a nationwide temp agency with operations in Florida, hired Jocelyn Snower. Snower was an experienced recruiter, but company owner Robert Feinstein did not know she was blind when he hired her. When he found out, he immediately fired her …

Just quitting isn’t ‘constructive discharge’

07/13/2010

Some employees have heard through the legal grapevine that if the going gets tough at work, they can just get going. They believe they can up and quit—and then turn around and sue, claiming that they had no choice but to leave because they were suffering retaliation for taking some protected action. This is an example of “constructive discharge.” But conditions have to be pretty onerous before the tactic works.

Commercial pilots claim FAA retirement plan broke state law

07/08/2010

When Congress raised commercial pilots’ mandatory retirement age from 60 to 65, not all pilots were pleased. Pilots who had been forced to retire under the 60-years-of-age rule weren’t grandfathered into the new system. The pilots are seeking back pay and lost wages under state laws and the Federal Tort Claims Act.

Include federal jury service protection in your employee handbook and policies

07/08/2010
Make sure your employee handbook covers federal jury service and that supervisors don’t punish employees who serve on federal juries. Employees who are called to serve on juries in federal courts are protected from discharge because of their service.

Courts more reluctant to extend employee deadlines for filing lawsuits

07/08/2010

You should be able to rest easy after an employee misses a deadline to file a lawsuit. In the past, courts have been lenient when it comes to those deadlines, especially if the employee doesn’t have an attorney. But now the tide seems to be turning. Courts are beginning to get stricter about deadlines.

After poor-performing worker complains about e-mail, should we follow through on plans to fire?

07/08/2010
Q. Admittedly, this is an odd-ball question. My HR department just received a complaint from an employee about risqué e-mails that some of her co-workers were trading back and forth. Coincidentally, the employee who complained is also slotted for termination because of poor performance and attendance problems. Is there any risk in terminating this employee in light of her recent complaint?