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Terminations

Record number of employers dispute unemployment claims

02/19/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts. The rise in challenges can be pegged to more employers citing misconduct as the reason for terminations.

Sleeping in peace: Can employee claim that video of his on-duty nap violates his privacy?

02/19/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took a high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

Must you offer FMLA for ‘possibility’ of serious illness?

02/19/2009

Don’t be so quick to pull out the “request denied” stamp when employees want to use FMLA leave to determine whether they have a qualifying “serious condition.” As a new court ruling shows, if an employee simply thinks she has a serious condition, she may take FMLA leave to have it checked out.

Stop ex-workers from ‘stealing’ vacation leave

02/17/2009

Employers are free to set the terms by which employees earn vacation leave. But what happens to that leave when employees resign or are fired? Here’s how to make sure you don’t leave that answer open to interpretation—by your employees or a court.

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.