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Terminations

No unemployment if jail prevents coming to work

11/19/2013
You can terminate an employee for missing work because he had to spend the night in jail. He won’t be eligible for unemployment benefits because the firing was for misconduct related to regular attendance.

Facebook posts earn Walmart employee the ax

11/14/2013
Walmart managers at the chain’s Hamburg store in suburban Buffalo moved quickly after the New York chapter of the Council on American-Islamic Relations alerted it to anti-Islamic Facebook postings by one of its assistant managers.

Requiring foreign language skills isn’t discrimination

11/14/2013
Do you need some employees to speak a foreign language? Don’t worry that requiring fluency could be viewed as discrimination.

When can you fire worker on maternity leave?

11/07/2013
Sometimes, it’s obvious that a new mother can’t (or won’t) return from maternity leave within any reasonable time frame. If her doctor can’t provide a definite return date, you can safely terminate her.

Consult lawyer before firing returning service member

10/31/2013
Members of the armed forces are protected from discharge for being called to duty. That includes those who must take short training leaves. Once released from brief active-duty periods, they must get their jobs back. Firing a returning service member without a solid reason may spark a lawsuit.

Kroger to pay $450,000 for disability bias in Plano

10/31/2013
A federal jury has awarded $450,000 to a mentally disabled former Kroger grocery store employee in Plano whose manager constantly insulted him. The EEOC filed a disability discrimination lawsuit on the employee’s behalf in 2012.

When bias claims fly, beware lenient courts

10/31/2013
Here’s an important factor to consider when terminating an employee who has recently complained about alleged discrimination of some sort: If she can show at least a tenuous connection between her complaint (like its timing) and her discharge, she will probably be able to proceed with her lawsuit.

Worried about firing the only minority? Just follow your own rules

10/30/2013
Sometimes, irrational fear of litigation keeps employers from acting in their own best interests. For example, they may think discharging the sole minority employee will mean a lawsuit. Don’t let paralysis by analysis slow you down.

Save money upon termination by including ‘use it or lose it’ leave policy in handbook

10/30/2013
Here’s another reason your hand­­book must include clear, concise and specific explanations of vacation and other leave policies: By carefully explaining that em­­ployees who quit forfeit unused leave, you won’t have to pay them for that un­­used time under the North Caro­­lina Wage and Hour Act.

Worker fired for lack of wheels is eligible for unemployment

10/29/2013
A former employee of Bell Sociali­­zation Services in York has won unemployment compensation benefits after she was fired for not having “reliable transportation.”