Terminations

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming

Employee Can’t Claim COBRA if Not Enrolled in Plan

02/01/2003

Q. We offer insurance benefits that begin six months after hire. Due to changing business conditions, we had to terminate an employee after only 10 months on the job. But the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? —M.R., South Carolina

Bankrupt worker protected from bias, but only if he formally filed

02/01/2003

The U.S. Bankruptcy Code says it’s illegal for private companies to fire employees, or refuse to hire applicants, solely because they’ve filed for bankruptcy. But what …

Doing half a job is not a reasonable accommodation request

02/01/2003

After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn’t have any disability that would prevent him from doing …

Don’t punish employees for participating in legal probes

02/01/2003

Kimberly Hill, a 10-year employee at the Kentucky Lottery Corp., testified at an unemployment compensation hearing on behalf of a co-worker who alleged discrimination. Soon …

Heads up: Workers can sue over ‘potty parity.’

02/01/2003

A manufacturing firm’s new plant had only one restroom, which was designed for men. Female workers were told they had to use that restroom during work hours, …

Undocumented workers can sue for retaliation under FLSA

02/01/2003

Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …

Shutdown caused by sudden loss of business won’t trigger WARN Act

02/01/2003

An automobile-parts manufacturer got a jolt when a major customer refused to pay for a shipment and ceased all future orders without warning. That forced the manufacturer …

ADEA: Prevent fastest growing, most expensive type of bias

01/01/2003

Expensive mistake Median award by type of bias: ’94-’00 cases Age $268,926, Disability 175,001, Race 120,951, Sex 100,000. Source: Jury Verdict Research …

Beware new court trend: Employees use expert to shift blame for failure

01/01/2003

If an employee drags you into court, don’t be surprised if the worker totes along his own expert witness to put your company in a bad light. More employees are …