Tag: Firing

Court Upholds $923,656 Back-Pay Award

On May 31, the Eleventh U.S. Circuit Court of Appeals upheld a lower court’s decision awarding $923,656 in back pay to a terminated employee of the Federal Railroad Administration (FRA), an agency of the U.S. government. The decision shows the damages available to employees that prove retaliation based on the filing of an Equal Employment […]

You Are Fired on post it note

When in Doubt, Fire Your Staff

by Mark I. Schickman Across America, California employment laws are considered very liberal, too far left. But, in England, the employment law of every American state is viewed as only a cut above indentured servitude. Their legal establishment is disdainful of America’s “regressive” employment laws, and many tribunals will simply refuse to enforce our “barbaric” […]

Exit Interviews: An Underused Tool for Protecting Your Company

HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and fixing problems before they turn into […]

Do Your Benefit Plans Violate the ADEA?

by Stephen Stine We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

Actions Speak Louder Than Words

What people do matters a whole lot more than what they say they’ll do. This statement should not surprise anyone. Actions speak louder than words. Then why is it that “smooth talkers” and “big talkers” often bluff and bluster their way though life despite their actions being very different than their rhetoric? People get caught […]

Document Employee Behavior Today to Avoid Lawsuits Tomorrow

by Eric B. Topel Charles “Slip” Shod has been employed by your company for more than two years, during which time you have received repeated complaints from vendors about his performance. In your capacity as a member of human resources, you begin reviewing the other matters on which Slip has been working and determine that […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

Employer’s Guide to Writing Employee Handbooks

by Peter M. Panken An employee handbook tells workers what they’re getting, instills a team spirit, and lets people know what the rules are. It should emphasize the employer’s fair treatment and how it provides significant benefits like vacations, holidays, health insurance, and retirement benefits. It lets the workers know they can grieve to get […]