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Terminations

Don’t stack the deck in arbitration

07/01/2002
Daniel Murray, a full-time union organizer, signed a mandatory arbitration agreement as a condition of employment. The pact said arbitrators would be chosen from a list provided by his employer and …

EEOC issues more guidance on anti-Muslim bias

07/01/2002
Between Sept. 11, 2001, and May 7, 2002, the U.S. Equal Employment Opportunity Commission (EEOC) received 497 job-bias complaints on the basis of Muslim religion. That’s compared with 193 complaints over …

Be Wary of Firing Overpaid Employee

07/01/2002

Q. Is it legal to terminate an employee because he makes a high salary? —J.L., Arizona

SSA sending more ‘no match’ letters; know how to respond

06/01/2002
In light of Sept. 11, the Social Security Administration (SSA) has increased its efforts to find workers whose names don’t match their Social Security numbers. And their effort could require action …

References: Stick to Facts

06/01/2002

Q. An employer asked us for job verification on an employee we fired. It has a written consent form from the worker allowing the query. Can I release any and all information regarding the ex-employee’s history with us? —R.F., Colorado

Third-party retaliation will stand up in court

06/01/2002
Gregory Fogleman claimed that the age-old parable about a son being punished for the sins of his father played out in his workplace. As a result, Gregory’s employer could pay more …

Religious bias: No special exceptions to union pact

06/01/2002
Trucker David Virts refused to work with women during “sleeper runs” because of his religious beliefs. After his first refusal, he was warned. After his second refusal, the company fired him. …

Court can enforce flextime, ‘quiet time’ as accommodations

05/01/2002
A file clerk who suffered from obsessive-compulsive disorder, a recognized disability, was easily distracted and had trouble completing her work. As an accommodation, she asked for permission to do some …

‘Past-tense’ pregnancy isn’t enough

05/01/2002
A federal district court tossed out a case brought by an office manager who claimed she was harassed during her pregnancy and fired eight months after she returned to work. Reason: …

Workers’ Comp Fraud Is Legitimate Reason to Fire

05/01/2002

Q. While on unpaid leave, one of our staffers applied for and was granted workers’ compensation. This person has not expressed any interest in returning to work. She may even be working for someone else. Can we terminate her? —A.L., New York