Total Articles: 23
Even Where Employer Avoids Liability, Lessons Can Be Learned
Employers can more effectively prevent liability in the present by learning from the collective mistakes of others that have come before them. Thus, while in a recent decision from the Seventh Circuit, the court upheld summary judgment for the employer concerning claims of gender harassment, discrimination, and retaliation, the facts of the case serve as a poignant reminder of how not to deal with an employee.
PTSD: Post-Termination Separation Dangers
When Hamlet uttered the immortal words “Revenge should have no bounds,” he probably wasn’t thinking about twenty-first century employers. As it turns out, “revenge” can be costly, particularly when former employees are involved. Title VII, the federal law that prohibits discrimination based on race, gender, and other protected class status, also prohibits retaliation against current—and former—employees who engage in protected conduct. A former employee who has asserted rights under Title VII may have a claim for retaliation when a former employer declines to rehire the employee, provides a negative reference, or opposes an application for unemployment compensation benefits.
A Costly Reminder About the Importance of Consisten Application of Company Policies (pdf).
Most employers have incorporated the rules mandated by discrimination laws into their day-to-day policies and practices. One would think that a bedrock, common-sense principle - treat employees the same way regardless of race, sex and other protected classes - would be firmly ingrained in corporate America. However, a recent Seventh Circuit decision, Eaton v. Indiana Department of Corrections, demonstrates that inconsistent application of company policy by managers can undo the best intentions of employers. As a result, the employer in that case was stripped of its summary judgment win and now faces a trial because of fact issues on this point.
Responding to Workplace Injuries - Your Reaction Can Be Costly
Employers should, of course, be very careful in how they respond to an employee's workplace injury. Recent developments in the law, at both the state and federal levels, have made this even truer than before. Many states, and the federal government, have created avenues for employees to sue their employer for retaliatory discharge if the employee is terminated following a workplace injury. Workers' Compensation laws, the federal Family and Medical Leave Act ("FMLA"), and the Americans with Disabilities Act ("ADA") each protect employees from post-injury termination in a variety of circumstances. Even in circumstances where an employer had already made the decision to terminate an employee before the employee's injury, an employer still needs to be careful with regard to how it handles the termination.
When Employees Occupy Off-Duty
Now-former NPR host, Lisa Simeone, was terminated from her contract when she was seen at an Occupy D.C. protest. A conservative website questioned her presence, claiming that it violated NPR's ethics policy, reports the Baltimore Sun.
Reasons to Terminate: More Is Not Merrier
When terminating an employee, employers need only one reason. Of course, there is rarely just a single reason for reaching the decision. But the existence of multiple reasons does not mandate that each reason be shared with the employee. In other words, when an employer makes the decision to terminate, there should be only one reason upon which the employer relies and which is shared with the employee—the “final straw.” When an employer changes its “final straw,” it raises doubts both with the employee and with the court and changing reasons are evidence of unlawful discrimination.
Problem Employees? Here's A Solution
Issuing employee discipline is one of the hardest aspects of being a supervisor and, since it's so difficult, it's often not done well – when it is done at all. Discipline delayed or mishandled is one of the primary causes of federal and state-agency discrimination charges as well as claims of wrongful discharge, all of which create a distraction from the business and an unplanned expenditure of resources to defend against claims. As long as employees are imperfect, various degrees of discipline will be required in every organization. But correct discipline is neither intuitive nor easy, either for the supervisor or for the employee.
Retail Industry: Terminating Employees For Theft, Part 2
In our last issue (Retail Update, March 2011) we looked at some ideas about how to investigate, catch, and terminate employees who are stealing from the company. In this conclusion, we'll talk about some ways to avoid – or at least lessen the possibility of – getting sued.
Employee Discipline: Hitting The Reset Button At Work
If you have ever attended an employment law seminar or a management training class, you have no doubt heard the speaker extol the virtues of consistency when dealing with employees. Consistency provides your employees with clear direction and minimizes uncertainty. Once your employees know what you expect, they are more likely to meet those expectations without the need for discipline.
Common Mistakes When Terminating Employees For Theft, Part 1
Employee theft is an issue besetting retailers every day. A 2005 survey by the University of Florida puts the cost at $17.6 billion, and concludes that employee theft accounts for 47% of inventory shrinkage.
Viewing Pornography at Work Isnt Always a Terminable Offense.
Controlling and monitoring employee access to and use of workplace technology have become priorities for employers in recent years. Having adopted electronic communications policies, many employers now seek to update their policies to keep pace with rapid changes in technology, greater reliance on the Internet, and ever-increasing use of social media.
Employees Fake Jury-Duty Leave Busted via Facebook
Employers have been dealing with it for just about forever. What is the it to which Im referring? Leave abuse. The employee who calls out sick from work to take a mental-health daymeaning, at least in my vernacular, a day of shopping. Today, Facebook and other social-networking tools have become the tattletale that other employees used to be.
Top Ten Things to Do When an Employee Resigns to Join a Competitor.
When an employee resigns to join a competitor, it is important to respond promptly. Odds are that the employee has been orchestrating his or her departure for weeks or months. The security of your trade secrets and/or customer relationships may have already been compromised. It is important to act quickly. Here are some things to keep in mind.
Employee Fired When Her Sex Blog Is Discovered by Her Boss.
Should employers conduct online searches of job applicants? Thats one of the questions Im asked most often by employers when talking about social media. One of the less commonly asked questions is whether employers should conduct the same type of online search after the hiring decision has been made. In other words, should employers monitor their employees online activities during employment?
Defamation Lawsuits Remain a Concern for Employers.
Although many employers today
are warily watching the
legislative horizon for laws
creating new protected classes
(sexual orientation,
whistleblowers) and expanding
limitations periods (Ledbetter),
they would do well to remember
that increasing numbers of
employees are turning to
defamation claims to redress
damage allegedly done to their
reputation by discipline and
discharge decisions. Because
these claims are often fi led in
state court, where the judges
are often more hesitant to grant
summary judgment, the juries
typically more generous, and
the damages uncapped, there is
signifi cant risk for employers.
Employee Terminations: Steps to Reduce Liability.
Every supervisor dreads having to tell an employee, Youre fired. In fact, many employers secretly hope problem employees will get the message before these words have to be spoken. Employees naturally dread the news that their services are no longer required. In fact, there are studies suggesting that being fired is among the most traumatic events to occur in a lifetime.
Loose Lips Sink Stores: The Dangers Of Defamation To Retailers.
You have speaking diplomatically -- a difficult employee. From his first week on the job he has griped constantly that the company is "unfair" and hinted that he knows lawyers who can "take care of this situation." He is what we employment lawyers call a walking lawsuit.
How To Reduce Your Risks After the Termination.
Most employers already know there are steps they can take before they terminate an employee that will reduce their risk of being sued. What some forget is that what they do after the termination can also affect their risk of a lawsuit. What an employer does and says after the termination could give the employee a legal claim where previously they had none.
Sure-Fire Firing Mistakes.
Why do some terminations result in litigation while others do not?
Avoiding Long Goodbyes: Seven Steps For Conducting Successful Termination Meetings [PDF File].
Terminating an employee is never easy (unless you really dislike him), and the very fact its such an uncomfortable situation may lead you to slip up and say something youll later regret. Following these seven tried and tested steps for conducting termination meetings will help reduce your risk of being sued, increase your chances of winning if you are, lower your anxiety level in the process, and avoid long goodbyes.
how to discipline and discharge without landing in court.
Offers sevent steps to take in order to minimize legal risks associated with discipline and discharge.
how to reduce your risks after the termination.
Provides suggestions on reducing risks of litigation following employee termination with focus on Minnesota law.
a release of claims: what is it and when should it be used?
Discusses advantages of obtaining a release from a departing employee.
