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  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

The safest way to handle calls for references and recommendations

02/17/2009

As the economy shrinks, unemployment is growing in New York and throughout the country. If your organization plans to lay off workers or already has, brace yourself. Lots of former employees are going to list you and your managers as references when they seek new jobs. That means it’s time to make sure you have policies in place on how to handle reference-check calls.

Can we cut our legal risk by offering unconditional reinstatement?

02/12/2009

Q. If an employee is suing our company, what are the benefits of offering her job back while the litigation is ongoing?

At what point does retired worker become ineligible for PTD workers’ comp?

02/12/2009

Q. If an injured worker has a catastrophic injury under Florida’s Workers’ Compensation Act and subsequently retires, does that mean the employee is not entitled to permanent total disability (PTD) workers’ compensation benefits?

New job can’t settle reverse bias suit—but $425,000 will

02/12/2009

Shortly before Genesee County reorganized Dennis Goodman’s department, Goodman, a white motor pool administrator, received an e-mail containing an alleged racially biased remark. When the re-org happened, Goodman lost his job. He filed suit under Michigan’s Elliott-Larsen Civil Rights Act, alleging racism caused his termination …

Tell bosses: No comments on insurance cost, age

02/12/2009

Remind all managers and supervisors to keep any thoughts on insurance costs to themselves. If older employees end up being disproportionally affected by a reduction in force, any comments on insuring older employees may come back to haunt you.

Cite specific reasons for disciplining every employee who breaks company rules

02/12/2009

When it comes to disciplining employees, one size almost never fits all. An individual approach—one that considers the very specific circumstances that led to the discipline—is usually best.

Last-chance agreements put employers on sure footing

02/12/2009

If you offer last-chance agreements instead of immediately firing employees, you can impose seemingly draconian measures without worrying about a lawsuit. If you later terminate an employee for violating agreement terms, most courts will take your side.

Acute but temporary illness isn’t disability

02/12/2009

Don’t jump to the conclusion that, just because a sudden illness or condition requires emergency medical care or even surgery, the employee who falls ill is disabled. The standard ADA test still applies.

Set an example: It’s OK to punish managers more harshly than subordinates

02/12/2009

Impressions do matter, and employers are free to demand more of supervisors and managers than of those who sit lower on the company totem pole. All else being equal, you can treat it as a more serious violation when someone in authority breaks the same rule as an underling.

Refusal to say ‘Happy holidays’ leads to EEOC complaint

02/12/2009

A Florida employee who was fired for saying “Merry Christmas” when answering the phone instead of the approved “Happy holidays” has filed a religious discrimination lawsuit against her former employer.