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Terminations

Toledo reaches settlement with former staff–and rehires them

03/09/2010

The Toledo City Council voted to pay $450,000 to settle a race discrimination and wrongful-termination lawsuit brought by two former city employees. That makes for a happy ending to a two-year legal odyssey for Office of Affirmative Action Director Perlean Griffin, and executive director of the city’s Youth Commission Dwayne Moorehead, who served under former Mayor Carty Finkbeiner.

Hugo Boss sews up deal to close suburban Cleveland plant

03/09/2010

German high-end clothing maker Hugo Boss has decided to close its factory in suburban Cleveland, even though the plant is profitable. Hugo Boss joins a decades-long exodus of textile and clothing manufacturers that have left the United States in favor of countries where they can pay workers less.

Plan for work pile-up following FMLA leave

03/09/2010

In today’s economic climate, you might be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. Especially if you initially believe the employee won’t be gone long, what’s the harm? But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to catch up or else.

Don’t tolerate employee’s religious threats

03/09/2010

Employees are entitled to broad protection from discrimination based on their religious beliefs and practices. However, that protection has limits. Consider, for example, what may happen if an employee tries to bludgeon—figuratively—her fellow employees with her religious beliefs.

Employee fired after registering complaint is now suing? You could be personally liable

03/09/2010

Here’s a new worry for Ohio HR pros who play a role in deciding whether to fire employees: You could end up being sued personally if it turns out that the discharge was wrongful under Ohio’s public policy exception to at-will employment. That means your own assets—not just the company’s—are at risk. Here’s how it works:

Can I terminate a cashier who just filed for bankruptcy?

03/09/2010

Q. I just found out that an employee filed for bankruptcy. I’m concerned, because she works a cash register and has access to money. Can I fire this employee?

Small-group layoff? No need to keep employee just because she’s the oldest

03/09/2010

If you are planning a layoff within a small group of employees, the fact that one of the employees about to lose her job is the oldest of the group won’t be the basis for a successful age discrimination claim. It takes more evidence that age was a motivating factor for the employee to win an age discrimination case. That’s because she can’t use statistics to prove the disparate impact on older workers in such a small group.

RIFs and age bias suits: Understand the power of statistics

03/09/2010

If you’re like many employers, you offer severance pay when you have to implement a reduction in force. Never pay severance without getting something in return from the employee, namely a release and waiver of liability. There’s an important catch to understand when you ask for such a release from older workers.

Fire away if defiance follows discipline

03/05/2010

Some employees don’t respond well to corrective discipline. They may become angry and combative. You don’t have to put up with that sort of behavior. In fact, you can use that reaction as a valid termination reason.

Good documentation proves you’re not biased

03/04/2010

Employers that take the time to document workplace problems usually don’t lose discrimination lawsuits. The reason is simple: A carefully documented work history—showing exactly how the employee was breaking rules or underperforming—makes it difficult to prove discrimination.