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Wisconsin

Document poor work to make sure firing sticks

09/15/2008
Jerilyn Lucas, a bank branch manager, seemed to be in over her head. She struggled with basic operational matters. Her staff began complaining that she frequently missed work. Lucas’ supervisors repeatedly warned her about her performance. When the bank eventually fired her , she sued …

Fire employees who take FMLA leave? Yes, with reason

09/10/2008
Employees sometimes think taking FMLA leave gives them special protection. Some may even attempt to go out on leave when they know they are about to get into trouble at work. Don’t fall into that trap. The fact is, if you would have fired the employee even if she had never taken FMLA leave, you can do so if she has taken leave …

Employ commercial drivers? They have special protection

09/10/2008
Commercial drivers are protected from retaliation if they refuse to operate their vehicles in violation of U.S. Department of Transportation (DOT) safety rules that restrict the number of hours they may drive without resting. Firing or demoting someone for refusing to break those rules may be retaliation …

Carefully craft bona fide occupational qualification limits

09/10/2008
Some jobs can be handled only by someone of a particular gender. For example, a dress model necessarily has to be female. Under the sex discrimination provisions of Title VII, employers may limit those jobs to members of one sex and refuse to hire members of the opposite sex under the so-called bona fide occupational qualification (BFOQ) exception. But the BFOQ is strictly limited …

Use seniority to assign tasks and take bias off the table

09/10/2008
Employees who sue for race and many other forms of discrimination must prove they were treated differently than a similarly situated co-worker who doesn’t belong to the same protected class. But when employers adopt and follow a seniority system to assign tasks, employees who try to claim discrimination have a tough time finding someone similarly situated to compare …

Be patient and keep thorough records to make sure your firing decisions stick

09/10/2008
When it comes to discharging an employee, the best policy may be to bide your time and carefully document her deficiencies. Unless there is a compelling reason to act immediately, be patient and build your case with solid, verifiable criticism …

Document promotion rationale to derail claims from runners-Up

08/13/2008
Employees who complain about discrimination or offer to support another’s discrimination complaint sometimes fear that doing so will blacklist them from promotions or raises. When they, in fact, lose out on promotions, those denials can confirm their fears—and prompt them to file lawsuits. You can put a stop to that by making it absolutely clear why you chose to promote the person you did …

Tracking all discipline makes it easier to defend lawsuits

08/13/2008
Employees who are fired frequently sue, alleging some form of discrimination. A fired employee may say, for example, that she was treated differently than her male co-worker who allegedly committed the same workplace offense. Smart employers keep careful track of all disciplinary actions and use progressive disciplinary programs to differentiate among employees …

Keep exact timecards, or court will use worker’s estimate

08/13/2008
Here’s an incentive to make sure you account for every hour your nonexempt employees work: If an employee claims you didn’t pay her what you were supposed to, and you don’t have accurate time records, the court will calculate what you owe based on the number of hours the employee tells the court she worked …

Tell managers: No discrimination for in vitro fertilization

08/13/2008
The Pregnancy Discrimination Act (PDA) prohibits discrimination “because of or on the basis of pregnancy, childbirth or related medical conditions.” Until now, it was an open question whether that law covered fertility treatments. Now the 7th Circuit Court of Appeals has ruled that employers can’t punish female employees for undergoing in vitro fertilization …