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Terminations

Two doctor visits during incapacity period define a serious condition

01/01/2006

Don’t assume that an employee’s three-day absence and two doctor’s visits will automatically equal a "serious health condition" that qualifies the employee for FMLA leave. A new court ruling says it matters when those two doctor’s visits occur …

Alert Supervisors to Little-Known Association-Bias Law

01/01/2006

By now, your supervisors know it’s illegal to discriminate against someone because of his or her disability. But do they also know about a less obvious part of the ADA that makes it illegal to discriminate against people because they have an association with a person who has a disability? …

Avoid Impromptu Job Reviews; It’ll Look Like a ‘Paper’ Job

01/01/2006

Warn your supervisors that if they quickly schedule negative employee reviews—particularly after an employee files a complaint—they could appear to be papering the employee’s file in advance of a retaliatory firing, which won’t look good in court …

Know the ‘Cooling Off’ Period for Age-Bias Waivers

01/01/2006

Q. Can you tell me if there’s a law that says a 45-day waiting period must exist from the time employees are told they’ll be laid off until they receive the severance payment? Supposedly, this is called a cooling-off period. Is this a federal law? —T.M., Pennsylvania

React quickly to disability accommodation requests

12/01/2005
Issue: The EEOC is targeting employers who drag their heels on employees’ disability accommodation requests.
Risk: Courts could see your delay tactics as illegal “constructive discharge” of disabled employees…

Don’t give up on accommodations too early; show a ‘good faith’ effort

12/01/2005
When faced with a disabled employee, you must actively negotiate possible accommodations in good faith. That may seem obvious, but employers are constantly …

No need to juice up severance package next year

11/01/2005
Nationwide, severance benefits have declined a bit since 2001, according to a survey of 1,030 HR executives by consultant Lee Hecht Harrison. Only one-third of employers changed their severance policies during …

Long delay seldom sinks lawsuits; retain records until case is resolved

11/01/2005

If you know an employee has filed a complaint with the EEOC or state anti-discrimination agency, don’t trash any relevant records until you receive official notification that the case has been resolved and won’t be appealed …

Even small changes to employees’ schedules can equal retaliation

10/01/2005
To prove retaliation claims in court, employees must be able to show they suffered negative employment action in response to their lawsuit, such as termination, lowering of pay, denying a promotion …

Know the 5 ‘musts’ for age-discrimination waivers

10/01/2005
Issue: Very precise wording is needed when employees waive their rights to sue for age discrimination.
Risk: Employers often treat age-bias waivers like any other waiver, a critical mistake that …