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Mar 29 2017
Harassment & DiscriminationTermination & Resignation

Okay to terminate manager for violating behavioral contract

The employer initially decided to terminate the manager but then offered a behavioral contract in lieu of termination, to which the manager agreed. The contract forbade the manager to contact the employee in any manner. It also required the manager to “seek treatment for the types of inappropriate, uncomfortable, unwanted, persistent communications/behaviors [he] demonstrated” and…

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Mar 23 2017
DisabilityHarassment & DiscriminationHiring

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 perform the essential duties…

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Feb 06 2017
DisabilityHiringQ&A

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

Answer: You have the right to revoke an offer when you have a legitimate, non-discriminatory reason, such as not hiring someone who was terminated for attendance violations. However, in this case it’s not that simple. Two other key issues about his prior job surfaced: he alleged a disability and he filed a claim against his…

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Jan 03 2017
Q&ATermination & ResignationWage and Hour

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

A: If you are in the State of Washington, there is a narrow window that would allow you to withhold the cost of the laptop from his final paycheck, but the penalties are high if you get it wrong. You can deduct from final pay for breakage or loss of equipment if it was caused…

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Dec 20 2016
DisabilityLeave LawsTermination & Resignation

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

Answer: Think about how a government agency or a jury would look at this situation. Would they think you treated this employee fairly?   While at-will employment provides employers and workers with the freedom to terminate the employment relationship at any time, there are public policy reasons that forbid terminating employees on the basis of…

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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 his genitals. She complained to…

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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 case improperly ignored all of…

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Jun 13 2016
Q&ATermination & Resignation

Employer’s Response to Unemployment Forms

A: Neither. The federal Unemployment Insurance Integrity Act (2011) requires employers to respond timely and adequately to a state’s request for information to determine eligibility for unemployment benefits. Each state also has a corresponding law that penalizes employers who fail to provide accurate, timely information on unemployment forms. In some states it’s a misdemeanor offense…

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Nov 17 2015
Harassment & DiscriminationQ&ATermination & Resignation

Retaliation claim may succeed despite employee’s falsified letters of reference

Answer: Sorry, but there is a risk! Termination at this point definitely puts the company at risk for a retaliation claim and the employee could get a verdict in his favor, even if the company can prove that the reference letters were fake and the termination wasn’t discriminatory. That doesn’t mean the employee is “fire-proof”…

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Oct 13 2015
Termination & Resignation

Retaliation can apply to more than just work-related complaints

An employee’s report to police that a coworker stole her ring at work was protected and could not be used as the reason for her termination, ruled a California court of appeal. An employee received an expensive ring for her anniversary and consistently wore it to work, leaving it in a specific pocket on her…

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Aug 24 2015
Leave LawsTermination & Resignation

Attending church may be medically necessary

In an interesting twist, a welder has alleged that she was unable to work at all on Sundays in order to attend church and related social activities, but rather than requesting a religious accommodation she requested the time off under the federal Family and Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) in…

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Aug 12 2015
Harassment & DiscriminationTermination & Resignation

Porn investigation leads to discrimination lawsuit

Demoting an employee for accessing and viewing pornographic material on his work computer should be an air-tight decision, but a recent court case demonstrates how even a seemingly justified punitive action can lead to a lawsuit. The case stems from a company investigation after one employee complained that an entire department frequently viewed pornography on…

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