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FIRING

Exception covers some, not all, church staff

11/20/2008
 

Churches, church schools and other religious institutions don’t always have to follow federal employment laws. That’s because religious entities are entitled to operate free of interference with their religious practices—if the employees in question are part of that religious practice.

NLRB: Grand Rapids Starbucks worker fired for union organizing

11/20/2008
 

The National Labor Relations Board (NLRB) has filed a complaint against Starbucks, claiming it fired a Grand Rapids barista because of his union sympathies.

What are the risks of firing a problem employee?

11/20/2008
  

Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?

Expect suit to follow last-minute MDHR filing

11/12/2008
 

Employees who file a discrimination claim with the Minnesota Department of Human Rights within the one-year deadline set by the Minnesota Human Rights Act get an extension of time to file a lawsuit directly in court. That’s the conclusion recently reached by the Court of Appeals of Minnesota.

Do you have specific rules for calling in sick? They may be contractual

11/12/2008
 

Employers sometimes come up with some very specific rules for when and how employees must call in to let their bosses know they will miss work. Sometimes those rules become contracts ...

Concerns about immigration status don't equal national-origin discrimination

11/12/2008
 

Employees who claim their employers somehow discriminated against them because they have immigration problems or aren’t U.S. citizens can’t automatically sue for national-origin discrimination under the Minnesota Human Rights Act or Title VII. Instead, they must prove that the underlying discrimination was based on national origin.

Breaking no-alcohol rule may mean no jobless benefits

11/12/2008
 

If you have a zero-tolerance policy for employees drinking alcohol on duty, employees who are fired for breaking the rules may be denied unemployment compensation benefits—even if the employee wasn’t impaired enough to be criminally charged with drunken driving.

Barista back as Starbucks settles NLRB complaint

11/12/2008
 

Erik Forman, a barista at a Minneapolis Starbucks who claimed he was fired in July for promoting a union drive, is pouring ventes again after the java giant settled a National Labor Relations Board complaint he filed.

Pig handlers fired for abuse

11/12/2008
 

Fairmont-based MowMar Farms has fired six workers at its newly acquired farm near Bayard, Iowa, after a videotape revealed that some employees routinely abused pigs there. The footage, shot by PETA, showed workers slamming piglets on a concrete floor...

Can we fire someone who is costing us a fortune in workers' comp claims?

11/12/2008
  

Q. We have an employee in our manufacturing facility who has brought numerous workers’ compensation claims. This has cost us a lot of money. Do we have to continue to employ this person? His position involves a continued risk of physical injury.

Northbrook store detectives sue over leaked sex video

11/12/2008
 

Two former Neiman Marcus loss prevention investigators who were fired from Neiman Marcus in October 2007 for having sex on the job are suing the company for illegally videotaping them.

Can a 'bad' motive firing of an at-will employee backfire?

11/12/2008
 

Marsha Bartel was an award-winning NBC journalist working on the “Dateline NBC” television show. NBC fired her, claiming it was laying off staff. She sued, alleging NBC had fired her for complaining that the show was not adhering to NBC’s internal ethical standards. The case offers some important reminders about how to handle termination of at-will employees.

Use the calendar-year method to tame the intermittent FMLA leave beast

11/10/2008
 

Employees who take intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave. One way is to use the calendar-year method to set FMLA leave eligibility.

Take it seriously when employee yells, 'Stop!'

11/10/2008
 

Employees who suffer reprisals after complaining about possible discrimination or harassment can sue for retaliation. But they can do so only if they can show they “engaged in protected activity”—that is, that they told their employer about the alleged discrimination or harassment.

Court: State can ban convicted abusers from working in schools

11/10/2008
 

Over the past few years, the Florida Legislature has enacted a growing list of restrictions on who can come onto school property. One state law bars anyone convicted of child abuse from school premises.

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