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Terminations

This cup’s for you: The right way to test for drugs

10/01/2007

With an increasing number of employees just saying “yes” to drugs these days, you can expect more Indiana companies to develop random drug-testing programs and establish rules that allow them to fire workers who test positive or don’t cooperate with the test. One note of caution: Make sure you can demonstrate that your drug test results are accurate and reliable …

Fort Wayne dealership must pay $1.1 million for retaliation

10/01/2007

Mid-State Motors of Fort Wayne will pay $1.1 million to a former sales manager for retaliating against him after he filed an EEOC complaint. The sales manager, Trent Chapin, was replaced by a Pakistani Muslim employee shortly after a new Pakistani general manager took over the dealership …

Don’t dock last paycheck for ‘Stolen’ laptop

10/01/2007

Q. Our company recently terminated an employee for violating company policy. At the time of his termination, he had a company laptop, which he refuses to return. Can we withhold his final paycheck pending the return of the company equipment? Or, can we deduct the value of the equipment from his final paycheck? —S.F. …

Be prepared to back up group firing decision

10/01/2007

Does your organization make important hiring and firing decisions by committee? That’s one way to counter possible bias by one individual. But be prepared to document how the group made the decision …

OWBPA doesn’t cancel out courthouse-Step settlements

10/01/2007

The federal Older Workers Benefit Protection Act (OWBPA) requires employers to give older workers at least 21 days to consider the offer if any termination or severance-pay agreement asks them to give up their right to sue for age discrimination. But fortunately, once the case is in court, there’s no waiting period …

NYSHRL allows individual liability claims for ‘Conspiracy to retaliate’

10/01/2007

There’s a new concern for managers and supervisors in New York state. Those who give out bad references or otherwise bad-mouth a former employee who claimed discrimination can be held personally liable for a conspiracy to retaliate …

‘Aiding and abetting’ discrimination can include giving false reasons for discharge

10/01/2007

New York state law provides personal liability for workplace discrimination. Employees who aid and abet their employers in discriminatory acts may be sued personally and can lose their assets. But exactly what acts constitute “aiding and abetting”? …

Malverne to pay $100,000 for wrongful firing

10/01/2007

A federal jury has awarded $100,000 for pain and suffering to a former director of special education for the Malverne School District, who claimed she was fired for reporting sexual harassment. The director lost her underlying sexual harassment suit, but prevailed on the wrongful-firing claim …

Don’t fire before knowing employee can’t return from leave

10/01/2007

Employees are guaranteed only 12 weeks’ unpaid FMLA leave per year and have no right to return to their jobs if they can’t make it back after their time is up. But that doesn’t mean you should prepare the paperwork to terminate the employee on the day their leave expires. Wait until you get medical documentation showing the employee can’t return …

About to be fired, trucker kills boss and ‘Backup’ worker

10/01/2007

Douglas Smith, local manager for Liberty Transportation in Perrysburg Township, foresaw trouble as he prepared to fire truck driver Calvin Findlay. Liberty, based in New Alexandria, PA, sent Thomas Lazar, an employee who was also a retired Pennsylvania state trooper, to help Smith, who worked alone …