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Terminations

In tough cases, safety first: Attempted suicide at work grounds for discharge

09/14/2009

Employers don’t have to put up with employees who pose a safety hazard to others—or themselves. While suicidal behavior may indicate an employee is suffering from a serious health condition under the FMLA or a disability under the ADA, it isn’t an excuse for violating safety rules.

Age discrimination harder to prove following 7th Circuit ruling

09/14/2009

The 7th Circuit’s recent opinion in Martino v. MCI represents the first opportunity for that court to apply the U.S. Supreme Court’s recently clarified standard for determining liability in disparate-treatment cases brought under the ADEA. Together, the two decisions make it harder for employees to win some age discrimination lawsuits.

Doc dumped over doughnut dig

09/14/2009

Considering the toll the obesity epidemic takes on Americans’ health, you’d think Dr. Jason Newsom’s bosses in Panama City would be happy with his campaign to educate the public about the dangers of obesity. Fat chance. While attacking sweet tea, burgers and fries was all right, it was doughnuts that doomed the doc.

You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Did White Way play dirty when it fired pregnant worker?

09/10/2009

According to the EEOC, White Way Cleaners discriminated against a female worker when it first moved her from the cleaning line to the front counter during her first pregnancy and then again when it terminated her after learning she was pregnant again.

Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires

09/10/2009

Employees who take their full 12 weeks of FMLA leave and can’t return to work lose their FMLA job protection. But that doesn’t mean they’re not still protected by the ADA. In fact, if an employee who can’t yet return to work asks for a reasonable accommodation—such as additional time off or a reduced schedule until she is ready for full-time work—you should consider the request.

If possible, have the manager who hired the employee also do the firing

09/10/2009

One good way to eliminate discrimination lawsuits is to have the same manager who hired an employee also handle the termination if you need to let the employee go.

When fists fly, make sure you get facts straight

09/10/2009

When employers discipline employees following an argument or other confrontation, getting the facts straight is crucial. Recent case: Kevin Phillips, who is black, was fired after he got into a fight with a white supervisor. Another supervisor witnessed the incident. However, Phillips was the only one involved who was punished …

Age alone can’t win worker’s age discrimination case

09/08/2009

Older employees who are demoted, not promoted or fired sometimes assume they can win ADEA lawsuits simply by proving they were the oldest employee to suffer their fate. That’s not the case.

Handle ‘uncooperative’ complainer with care

09/08/2009

Employees who complain they’re being discriminated against sometimes seem less than cooperative once you start investigating their claims. If that happens, don’t be too quick to discipline that employee for hindering your fact-finding effort.