Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Termination & Resignation

Photo of Karen Davis
Mar 13 2018
Termination & ResignationWage and Hour  

No extra OT owed for bonus based on % of earnings in California

An employer’s award of a bonus based on a percentage of overtime earnings didn’t require any extra overtime payments, ruled a federal district court in California. The decision illustrates how a dispute over 12 cents can literally turn into a federal case. During one particular workweek, an employee earned $4.745 in overtime.…

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Feb 13 2018
Safety and HealthTermination & Resignation

Q&A: What to do when a fired employee makes a threat on the way out

Q: What should we do when a fired employee makes a threat on the way out? During a termination meeting with this employee, he promised that “he would get us all for firing him.”

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Photo of Kandis Sells
Jan 10 2018
DisabilityTermination & Resignation  

ADA accommodation may require showing rather than telling

ADA accommodation may require showing rather than telling An employee in Illinois will move forward to a jury trial on her disability discrimination claim alleging that her employer failed to provide a reasonable accommodation for her learning disability. Although supervisors told her how to complete her timesheets, the employee claims that…

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Photo of Jodi Slavik
Nov 21 2017
Q&ADisabilitySafety and HealthTermination & Resignation  

Q&A: Accommodate for Questionable Religious Belief?

Question: We recently instituted a no-beard policy to ensure that men can securely wear their required safety masks. However, one of our Muslim employees refused, citing the Prophet Muhammad. I’ve studied the Quran, and I know that it doesn’t require beards. Can we discipline or fire him for not shaving?

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Photo of Jackie Marks
Oct 24 2017
Harassment & DiscriminationTermination & Resignation  

Q&A: Employer may require employee to disclose romance with subordinate

Question: Our company policy prohibits employees from supervising their family members or people with whom they have a romantic relationship. I believe a female supervisor is romantically involved with one of her direct reports. Can I ask both employees about the relationship and require that they disclose the nature of their relationship? And if either or both of the employees refuse to answer, can I take disciplinary action?

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Photo of Jodi Slavik
Oct 13 2017
DisabilityHarassment & DiscriminationTermination & Resignation  

Ninth Circuit okays termination of employee with sleep apnea

Finding no evidence of discrimination under California’s Fair Employment and Housing Act (FEHA), the U.S. Ninth Circuit Court of Appeals ruled that a railroad terminated a train engineer because of his poor attendance, not his diagnosed sleep disorder. Although this case was brought under FEHA, the analysis was the same as it…

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Photo of Diane Buisman
Oct 11 2017
Q&ASafety and HealthTermination & ResignationWorkers’ Comp  

Q&A: Termination after workplace injury may trigger workers’ comp retaliation claim

Question: One of our employees seriously injured his hand at work after just a couple of days on the job. Based on the nature of his injury, it seems obvious that he must have committed a safety violation. Can we fire him?

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Photo of Diane Buisman
May 15 2017
Harassment & DiscriminationTermination & Resignation  

Employer unlawfully discriminated against unmarried pregnant employee in Oregon

In a rare case, an unmarried teacher recently won a victory against her employer by applying Oregon’s law protecting individuals from discrimination based on marital status. The teacher worked at a Christian university, which required her to adhere to a certain moral standard. When she revealed that she was pregnant, unmarried, and living with her boyfriend, her employer gave her the options of ending her cohabitation, marrying the father of her child, or losing her job. When she declined the first two options, the university terminated her employment.

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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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