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Terminations

State Family Leave Law May Ban Moonlighting

04/01/2001

Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire her? —D.G., Arizona

You can delay reassignment if your efforts are reasonable

04/01/2001
When Jack Jay tore his Achilles’ tendon, his doctor said he shouldn’t work anymore in a job that involved climbing. Unfortunately, his position as a millwright required him to climb stairs …

Tell State and Community When Big Layoffs Are Coming

04/01/2001

Q. Our company has been unable to secure financing and will run out of cash in the next four to six months. We may have to shut down and lay off all 200 workers. At what point do we have to notify employees of the possible closing? —R.Y., Maryland

You can put your seniority system ahead of ADA accommodation

03/01/2001
Vanessa Turpin suffered occasional seizures from a mild form of epilepsy. When Sara Lee shut down the plant where Turpin worked, she was transferred to another plant. However, she was bumped …

Stray age remark buys you a ticket to court

03/01/2001
In removing Paul DeBrow as president of Century 21, the executive vice president allegedly said, “You’re too old for this shit.” Michigan’s Supreme Court says that’s enough direct evidence of possible …

Keep job open for worker called to jury duty

03/01/2001

Q. We are a small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial? —J.W., New Jersey

Co-worker romance: Set a policy that balances rights, liability

03/01/2001
Jess McCavitt claims his company withheld a promotion and then fired him for being romantically involved with another officer in the company. He said their relationship had no effect on their …

Addiction isn’t a license for unacceptable behavior.

03/01/2001
The city of Chicago fired Daniel Pernice after he was arrested off duty for disorderly conduct and possessing cocaine. He argued that his addiction was a disability and having drugs was …

Take direct approach to firing

03/01/2001
As Mary Flaherty saw it, her bosses at Metromail were running an organized campaign to make her so miserable that she’d quit. Flaherty, 61, says supervisors subjected her to sexist and …

Commission must be paid at same time as wages

03/01/2001

Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month’s notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania