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Terminations

North Canton trucking company faces DOL suit

12/12/2012
North Canton-based Star Air faces a DOL lawsuit that seeks more than $600,000 in fines and reinstatement for two drivers allegedly fired for re­­fusing to drive unsafe vehicles.

txtng@wrk can mean no unemployment benefits

12/12/2012

Employers don’t want distracted em­ployees, especially when their jobs require their undivided attention. That’s reason enough to tell workers to shut off their cellphones and other electronic devices. Ignoring such orders and engaging in distractions like reading text messages is misconduct.

Whether layoff affects one or 100, use solid business reasons to justify job cuts

12/12/2012
Sometimes, all it takes to cure a budget shortfall is to cut one position. As a business move, doing so is just as valid as conducting a much larger layoff. As long as you can show the change was based on business needs, you won’t lose a discrimination case.

Stop litigious employees’ amateur sleuthing! Set policies to ban unauthorized recordings

12/12/2012
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee’s subsequent retaliation lawsuit.

Before approving termination, check to see if boss has ax to grind with the employee

12/11/2012
Do you routinely rubber-stamp your supervisors’ termination decisions? As an important U.S. Supreme Court ruling last year made clear, that’s not a smart move for HR—and a new ruling illustrates that further.

Investigations must be thorough, but not bulletproof to justify discipline

12/10/2012
Here’s some good news for those handling discipline and wondering whether your decision will stand up in court: You don’t always have to be exactly right, just fair and honest.

Handbooks: 5 simple steps for preserving at-will status

12/07/2012
The easiest way to make sure employees understand that they are employed on an at-will basis is to place disclaimers throughout your employee handbook. Five key elements will help those disclaimers stand up in court if an employee ever mounts a legal challenge to at-will employment.

Dallas silkscreener settles ADA complaint

12/03/2012
Dallas-based DuPriest and Sons Holding will pay $24,000 to settle EEOC charges that it violated the ADA when it laid off a longtime employee after he informed his supervisor he would need regular kidney dialysis.

No obligation to create indefinite light-duty job

12/03/2012
You don’t have to create permanent light-duty work for injured workers, as the following case shows.

Overstaffed? Take logical approach to job cuts

12/03/2012

It’s an awkward workplace problem: Despite short-staffing, the work is still getting done. It’s a sure sign a function might have too many employees. You can consider layoffs to cut costs and increase efficiency. But do it the smart way.