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Terminations

Count minutes—not just hours—when figuring FMLA eligibility

09/23/2008

The FMLA limits leave eligibility to those employees who have worked at least 1,250 hours in the previous 12 months. Employers are perfectly within their rights to stick scrupulously to that 1,250-hour benchmark. They don’t have to round the hours up if the employee comes up short …

Retaliation claim doesn’t win if it’s filed in wrong court

09/23/2008

An Elkhart employer is off the hook for retaliatory discharge for now—but maybe not for long. Lisa Lubarsky was reportedly a good employee of INOVA Federal Credit Union in Elkhart. But then she sued in a South Bend federal court for retaliatory discharge under Title VII of the Civil Rights Act of 1964 …

Showing restraint: Ensuring worker safety with workplace protective orders

09/23/2008

A disgruntled employee is terminated for poor performance. On his way out, he threatens his manager and co-workers. Fortunately, situations like this usually end with the terminated employee cooling off, filing for unemployment and getting on with his life. But what happens when the employee doesn’t let it go? …

Court rules sex is a ‘major life activity’

09/23/2008

Alexander Bondarenko, a letter carrier, sued the U.S. Postal Service for constructive discharge and disability discrimination. The Postal Service argued Bondarenko wasn’t disabled because his back bad did not substantially limit a “major life activity,” as the ADA requires. Bondarenko disagreed. He said the back injury left him unable to have recreational sex …

Halfhearted effort at bailout no excuse for failure to WARN

09/22/2008

Under the WARN Act, employers with at least 100 employees must notify their employees at least 60 days before shutting down or implementing a mass layoff. There is a “faltering company” exception for businesses actively looking for financing or an alternative to shutting down. But employers can only exercise the faltering company exception if they can show they were actively looking for money or business opportunities …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …

Public employees must file USERRA claims in state court

09/19/2008

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court …

Employing agency determines where public employees’ whistle-blower suits will be heard

09/19/2008

The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for. For example, regular state employees can sue if they first ask for a ruling from the State Personnel Board …

Clayton school board members sacked for ethics law violations

09/15/2008
Gov. Sonny Perdue issued an executive order to remove four members of the Clayton County School Board and to confirm the removal of two others after the school system’s accreditation was revoked on Aug. 28 …

Document poor work to make sure firing sticks

09/15/2008
Jerilyn Lucas, a bank branch manager, seemed to be in over her head. She struggled with basic operational matters. Her staff began complaining that she frequently missed work. Lucas’ supervisors repeatedly warned her about her performance. When the bank eventually fired her , she sued …