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Terminations

Behavior change can spark FMLA notice

07/01/2003
Perk up if an employee’s spotless performance suddenly deteriorates. That alone, even if the employee never mentions a word about a health condition, …

Title VII: Employees who sue for bias have easier path to victory.

07/01/2003
In a decision that elevates your legal risk in discrimination cases, the U.S. Supreme Court ruled in June that employees no longer need to show direct evidence …

Mentioning employees’ body odor isn’t discriminatory.

07/01/2003
A Muslim IT manager sued for national origin bias, claiming that his supervisor’s comments about his personal hygiene, not performance problems, were the true cause …

Managers can refuse bias-tainted orders, court says

07/01/2003
Issue: Courts won’t consider a manager “insubordinate” for ignoring a boss’s order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation …

Here’s more reason to reinforce anti-bias policy

07/01/2003
If it’s been awhile since you’ve reminded employees about your anti-discrimination policy, now’s a good time. Why? A big U.S. Supreme Court ruling last month makes it easier for workers to …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …

Supreme Court: Fewer small firms covered by ADA, but check state law

06/01/2003
It’s clear that companies with fewer than 15 employees aren’t required to comply with the Americans with Disabilities Act (ADA). But do company shareholders …

Forcing a resignation kills your legal defense

06/01/2003
Here’s even more incentive to end harassment at the earliest opportunity: A new court ruling says employers could give up their best defense in court if they allow workers to suffer …

Nondisabled workers can claim ADA retaliation

05/01/2003
Warning: As odd as it may sound, don’t believe you’re safe from an Americans with Disabilities Act (ADA) lawsuit if the employee fails to prove a disability. Most people think …