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Terminations

Draft ‘Last-Chance’ agreements with care

08/01/2007

Q. We have a poor-performing employee who is up for discharge. The union has requested that we give him one “last chance,” and has said that it will agree to a last-chance agreement if we don’t terminate his employment now. What is the impact of a last-chance agreement? — J.R.

Before discharge, investigate supervisor’s claims

08/01/2007

If you don’t want to subject your organization to liability for a supervisor’s biased or discriminatory discipline recommendations, conduct at least a brief independent investigation …

Please tell us about the … umm … whatchamacallits you stole

08/01/2007

Witten Technologies terminated Anthony DeRubeis and Maclyn Burns. They sued for breach of employment contract. Witten countersued …

Strong ‘No violence’ policy relies on enforcement

08/01/2007
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Wrongful termination scores $329,000 for Sonoma State coach

08/01/2007

A California jury has awarded more than $300,000 to a former Sonoma State University softball coach who claimed that she was wrongfully fired ….

Don’t fire for FMLA absence, even with attendance problems

08/01/2007

Because the FMLA is an entitlement law, employers can’t interfere with emplolyees taking leave. But what about a chronically absent employee whom you’ve given one last chance? Do you have to sort out whether that final absence is covered by the FMLA—even if you could have fired him or her for absenteeism before? The answer is unequivocally “yes” …

No employer duty to provide ‘Perfect’ accommodation

08/01/2007

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation …

Even after election, you still need solid reason to discharge nonsupporters

08/01/2007

It’s a practice as old as politics: When there’s a newly elected sheriff in town, deputies left over from the old administration may lose their jobs. But if you’re the HR professional handling the changes, make sure you know which employees can be dismissed and which cannot be merely because of their political affiliation. As the following case shows, public employees in nonpolicy positions are protected from post-election bloodbaths …

Vonage to employee: ‘Come back after you convert’

08/01/2007

The EEOC has filed suit against Vonage Holdings Corp., based in Holmdel, for terminating a technical service agent because he is an Orthodox Jew. The lawsuit alleges that Vonage America Inc. barred the agent from taking a required six-week training course because he had to miss time to observe Jewish holidays …

Can we fire for incomplete medical cert?

08/01/2007

Q. An employee recently has contracted a serious health condition for which she requests FMLA leave. The medical certification form, completed by her physician, does not indicate the probable duration of her condition. Can we suspend the employee for the physician’s failure to submit a sufficiently complete medical certification form? …