Employment Law Blog

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Showing posts for: Termination & Resignation

Photo of Jodi Slavik
Apr 18 2017
Q&AHiringPrivacy & ConfidentialityTermination & Resignation 

Q&A: Use caution before telling the truth about former employee

Question: We just got a call from a business that wants to check on a former employee. They faxed a release the former employee signed waiving liability for information we share. Are we safe telling them what a bad employee she was?

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Photo of Jodi Slavik
Apr 04 2017
Harassment & DiscriminationTermination & Resignation 

Female supervisor fired for sharing a stale cake will get her day in court

The U.S. Ninth Circuit Court of Appeals recently breathed new life into a lawsuit against WinCo Foods, finding enough evidence to suggest sex discrimination against a long-term female supervisor who was fired for sharing a stale cake with her work crew.

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Photo of Josephine Ko
Mar 29 2017
Harassment & DiscriminationTermination & Resignation 

Okay to terminate manager for violating behavioral contract

A California Court of Appeals recently upheld an employer’s decision to terminate a senior manager for violating his behavioral contract. The manager had engaged in an affair with a non-management employee. After the relationship ended, the manager obsessively contacted the employee via text messages, calls, and visits to her house and neighborhood even after the police told him to stop. The employee finally reported her fear of him to company security, which prompted an investigation that confirmed the harassing conduct.

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Photo of Kandis Sells
Mar 23 2017
DisabilityHarassment & DiscriminationHiringTermination & Resignation 

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to…

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Photo of Jodi Slavik
Feb 06 2017
Q&ADisabilityHiringTermination & Resignation 

Q&A: Think twice before revoking job offers based on red flags

Question: We just found out our new hire was fired from his last job for bad attendance, after which he sued the company for disability discrimination. We’re worried he’s not a fit. Can we revoke the conditional job offer?

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Photo of Jodi Slavik
Jan 03 2017
Q&ATermination & ResignationWage and Hour 

Can we deduct from a final paycheck for a missing laptop?

Q: We recently had to terminate a remote employee and he has refused to return his laptop. Can we take the cost of the laptop out of his final paycheck?

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Photo of Josephine Ko
Dec 20 2016
DisabilityLeave LawsTermination & Resignation 

Q&A: Risky to discipline for performance problems upon return from leave

Question: One of our employees is elderly, and he is currently out on medical leave for surgery. He has had performance issues, but we haven’t written him up for it. He’s an at-will employee, so can I demote him or eliminate his position because of his performance issues? He didn’t completely fill out his medical certification, so is he even entitled to take medical leave?

 

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Photo of Lorraine Hoffman
Nov 16 2016
Harassment & DiscriminationTermination & Resignation 

Listen to both sides of the story before making any adverse employment decisions

An incomplete investigation into harassment allegations resulted in the wrong employee being terminated and costly litigation for the employer. A female EMT driver was the victim of unwanted sexual advances from a male dispatcher, and apparently brushed it off until he sent her a graphic text containing a photo of…

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Photo of Karen Davis
Jul 28 2016
Leave LawsTermination & Resignation 

Employer failed to properly account for overtime in FMLA calculations

Because an employee was subject to discipline if he missed overtime shifts for which he volunteered, the extra shifts were actually mandatory for purposes of calculating regular work hours under the federal Family and Medical Leave Act (FMLA), ruled the Eighth Circuit U.S. Court of Appeals. The company in this…

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Photo of Kandis Sells
Jun 13 2016
Q&ATermination & Resignation 

Employer’s Response to Unemployment Forms

Q: We had to let an employee go for poor performance but told her we won’t fight her unemployment benefits. Is it best to just check “layoff” on the unemployment form, or just don’t fill it out or send it back?

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