03/04/2010
Some disabled employees believe that their disabilities excuse them from following the workplace rules other employees have to abide by. That’s not true.
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03/04/2010
Employers that take the time to document workplace problems usually don’t lose discrimination lawsuits. The reason is simple: A carefully documented work history—showing exactly how the employee was breaking rules or underperforming—makes it difficult to prove discrimination.
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03/01/2010
Most jobs can be quantified. That is, it’s possible to measure success on the job by tallying how much an employee produces in a given period—whether that’s widgets, reports, new clients or sales. By using such objective measures to decide who is terminated, employers have powerful evidence to counter discrimination claims.
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03/01/2010
Over my 10 years as an executive coach, many of my clients have felt like they’re between a rock and a hard place because they have someone on their team who produces great results but alienates almost everyone around them. It’s what we’ve come to call the prima donna. If you have a prima donna on your team who keeps playing games, bite the bullet and fire the person. Here's why:
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03/01/2010
If you offer severance pay to discharged workers, take note. If you’re terminating an older employee—and you ask the employee to waive the right to sue for alleged age discrimination in exchange for your severance package—be sure to offer something more than what you offer others who lose their jobs.
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03/01/2010
With workplace violence continuing to make news, employers naturally want to lessen the chance that an angry employee will try to do harm. When they’re about to fire an employee, some employers search the worker’s car to make sure it doesn’t contain any weapons. Handle that search as unobtrusively as possible.
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03/01/2010
Q. Another company has requested a reference for an employee that we fired. The company has a signed form giving the employee’s written consent to ask us for a reference. Will we have legal problems if we provide negative information about the employee?
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03/01/2010
If you have hiring and firing responsibilities, you may worry from time to time whether you could be held personally liable for your decisions. Now a Texas appeals court has answered that question—at least in situations involving the firing of someone who refuses to engage in an act she believes is illegal. The court said there is no personal liability.
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03/01/2010
The city of North Richland Hills will pay $75,000 to a former employee to settle a suit claiming that the worker was forced to resign after being continually taunted that he was too old to do his job. The lawsuit said city workers repeatedly ridiculed Robert Coffman, saying he was too old to keep up, that he made too much money and that he should quit.
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02/25/2010
Looking to get sued? Just throw the book at an employee whom you would just as soon see resign. That’s especially true if she has just engaged in some form of protected activity like asking for FMLA leave.
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02/25/2010
Two scientists fired from the Valley Forge chemical company PQ Corp. are millionaires following a federal jury’s verdict in their age discrimination lawsuit. The two, a 60-year-old woman and a 56-year-old man, filed age bias charges against PQ after the company implemented a mass layoff in 2005. The scientists alleged that all of the employees laid off were over age 55.
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02/25/2010
Pennsylvania Commonwealth Court has upheld an arbitrator’s decision granting desk duty to a Pennsylvania state trooper who has a history of depression.
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02/25/2010
Astea International has agreed to settle an Age Discrimination in Employment Act (ADEA) lawsuit for $175,000. The EEOC brought the suit on behalf of 47-year-old Frank Fesnak, who was fired from his position as the Horsham-based company’s vice president of strategic alliances.
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02/22/2010
The cardinal rule for employers is to punish like offenses the same way. But that doesn’t mean that you don’t have some flexibility. For example, when two employees break the same rule, the underlying reasons might be considerably different. If you decide to punish one more severely than the other, document why you don’t consider the circumstances the same.
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02/22/2010
When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well ...
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