• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

Don’t believe it: Employee facing discipline can’t quit and then claim constructive discharge

05/17/2010

Some employees quit and then argue that they had no choice but to do so. This is known as “constructive discharge.” Such a claim can succeed in court if the employee can show that working conditions became so intolerable that quitting was the only reasonable response. But an employee can’t quit and claim constructive discharge just because he’s facing potential disciplinary action.

Offhand remarks don’t prove age discrimination

05/17/2010

Employees can’t win age discrimination lawsuits based solely on an offhand remark referring to an employee’s age. That’s because, unlike many other forms of employment discrimination, age discrimination cases require employees to prove that age was the reason for termination or some other negative employment action. Unless there’s more evidence, a mere comment isn’t enough.

FMLA notice: Rely on what you know–not policy

05/17/2010

A good sick leave policy includes rules governing how employees are supposed to let their employers know that they’re ill. Employees generally have to follow those rules or face discipline. But there are circumstances under which employees may be excused from following the rules. One of those exceptions: when the employer has direct notice that the employee is ill and may need FMLA leave.

Commercial pilots claim FAA retirement plan broke state law

05/14/2010

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

Former exec sues over missed severance payment

05/14/2010

Tim Murnane left real estate development firm Opus Northwest in June 2009 after negotiating a $2 million severance package to be paid out over 10 years. Murnane took a new position with St. Louis-based Clayco Inc., another developer in the Twin Cities area. All was going well until March, when a scheduled $79,266 payment from Opus failed to arrive in Murnane’s mailbox …

Watch out when offering early retirement based on age

05/14/2010
The EEOC has won the first round of a battle against early-retirement incentive plans that are based strictly on age. If you have such a plan, make sure you review its legal status with your attorney.

Stick with termination decision–and don’t hint that you’re open to reconsidering

05/14/2010
Once you’ve made the tough decision to terminate an employee, stick to it. If you let the employee talk you into reconsidering, you may end up with a lawsuit over whether a contract had been created.

Never consider insurance costs when terminating

05/14/2010

Every year, employers face yet another increase in their health insurance premiums. And if there are many older or sick employees, those costs will keep on rising. Even adding one sick child to the list can drive costs into the stratosphere. But before you even consider firing (or refusing to hire) someone because they might jack up insurance costs, count your dollars, not your pennies. You might be staring down a lawsuit that could dwarf whatever premium costs you hoped to avoid.

Can laid-off, injured worker collect workers’ comp benefits?

05/11/2010
Q. We had to lay off an injured worker for economic reasons. He has not attempted to work for a year since that layoff. Will he be entitled to temporary benefits under the Florida Workers’ Compensation Act?

Former USF football coach sues university over firing

05/11/2010
Former University of South Florida football coach Jim Leavitt has sued the university and its foundation, claiming his contract was improperly terminated. Leavitt lost his job last January after allegedly grabbing a football player by the throat and hitting him.