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Terminations

No accommodation offer necessary at termination meeting

05/01/2007

Courts have consistently ruled that deaf employees are entitled to sign language interpreters during training sessions…. They may also need specialized equipment or software to perform their jobs. But do you need to provide an interpreter or specialized equipment during a disciplinary meeting? …

Sex and race harassment verdict sends Jocks & Jills into a tumble

05/01/2007

Jocks & Jills, Atlanta’s popular sports bar, has filed for Chapter 11 bankruptcy following a recent $2 million verdict for sexual and racial harassment …

Prepare to show solid business reasons for English-Only policies

05/01/2007

The EEOC has recently stepped up efforts to combat national-origin discrimination. Because the agency had concluded that speaking another primary language such as Spanish may disadvantage some employees, it’s pushing for a tight limit to when employers can enforce so-called English-only rules …

No hire/Fire responsibility? No matter. Employee can sue you personally for job bias

05/01/2007

Watch out! If you are involved—even in a small way—in any activity that leads to a discrimination claim, you may be personally liable …

Court: Sued employer can ask about some immigration matters

05/01/2007

When the EEOC sued First Wireless Group over allegations that it fired Hispanic employees who questioned pay disparities, the company got aggressive …

Morgan Stanley wins in whistle-Blower firing case

05/01/2007

Morgan Stanley won the latest round in its high-profile battle with IT employee Arthur Riel, who was fired for sharing e-mails that revealed questionable management practices at the firm …

Settling a case? Make sure the agreement includes a ban on re-employment

05/01/2007

Sometimes, the best way to end a discrimination claim is to settle the case before it goes to court. But if you do settle, make sure you don’t create a bigger problem down the line. That can happen if the employee applies later for an open position and is rejected …

Watch calendar to keep clear of intermittent-Leave trap

05/01/2007

Employees who have serious health conditions may be eligible for intermittent leave, and their eligibility is determined once per eligibility year …

It pays to hear both sides of the story before a firing

05/01/2007

If your organization is like many, someone in HR ultimately decides whether to terminate an employee for poor performance based on supervisor recommendations and supporting documents, such as performance reviews. That can spell trouble if there’s more going on than meets the eye ...

Failing to ask for 2nd and 3rd medical certs doesn’t bar later challenge to FMLA eligibility

05/01/2007

Under the FMLA, employers who don’t ask for a second or third certification of an employee’s serious health condition aren’t forever barred from challenging the employee’s condition, as a recent Michigan case shows ...