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Terminations

Include an extension clause in your noncompete agreements

04/15/2010
In the wake of a recent Illinois court decision in Citadel Investment Group, LLC v. Teza Technologies LLC, employers should rethink their noncompete agreements. Without fine tuning, these contracts may not work as well as they could.

Air quality complaint isn’t basis for retaliation claim

04/15/2010

The Illinois Indoor Air Quality Act is designed to reduce indoor pollution. It tasks the Illinois Board of Health with enforcing statewide indoor air quality standards, because encouraging good air quality is good public policy. However, the law doesn’t specifically offer whistle-blower protection to employees who voice complaints about their workplace air quality.

Alcoholics still have to follow work rules

04/15/2010

The ADA protects people who are alcoholics from discrimination based on their disability. That doesn’t mean, however, that alcoholic employees don’t have to follow standard workplace behavioral rules. Simply put, alcoholism isn’t an excuse for poor behavior—and you don’t have to tolerate it.

Beaumont Autoplex worker files race discrimination suit

04/15/2010
A former employee is suing Mike Smith Autoplex and Group 1 Automotive, claiming he was forced to resign from the Beaumont car dealer because of his race.

Don’t pile on reasons for firing; you’re spoiling for retaliation fight in court

04/15/2010

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.

EEOC settles bias suit involving Jehovah’s Witness, dress code

04/13/2010
Alliance Rental Centers recently agreed to pay $21,500 to settle an EEOC religious discrimination suit brought by a former employee whose religious beliefs kept him from complying with the company’s dress code. The conflict emerged when Tyler Templeton, who worked in the company’s Bridgeport Aaron’s Rents store, refused to participate in the “Red Shirt Friday” program in which employees wore special shirts to show support for the U.S. military.

Porn addicts? Blaming disability won’t work

04/08/2010

Some disabled employees believe their disabilities excuse them from following the workplace rules that others must abide by. That’s just simply not true. You can, and should, discipline insubordinate employees, even if their behavior could be caused by a disability.

N.Y. Department of Labor issues new WARN Act regs

04/07/2010

The New York Department of Labor has released new Worker Adjustment and Retraining Notification (WARN) Act regulations that are more stringent than federal WARN Act provisions. Employers with at least 50 workers (including part-timers) are covered. That means those employers must provide 90 days’ notice of a mass layoff, plant closing or relocation.

FMLA leave expired? Be equitable when firing

04/07/2010
If you terminate employees who have used up all their FMLA leave and still can’t come back to work, watch out! Make sure you don’t single out any particular class of employees for firing.

Use job skills test before hiring to make sure applicant is qualified

04/07/2010

It happens all the time: A manager decides to take a chance by hiring a marginally qualified applicant. Then, days later—as the new employee struggles—it becomes clear she can’t do the job. Employers have little choice but to terminate the worker. And then the former employee feels like she has little choice but to sue for some form of discrimination. What’s the best way to avoid those kinds of lawsuits?