Firing

With more than 500 million Facebook users in the world—and each one having an average of 130 “friends”—workplaces are confronting the issue of online linking between supervisors and subordinates. Given the risks, many employers have chosen to adopt social media policies that set clear guidelines for employees and managers—including prohibitions or limitations on “friending” between bosses and their employees.

Heads are rolling in Norfolk, Va., following the discovery that a government worker who was suspended 12 years ago and hasn’t done a day of work since then has been drawing a paycheck the whole time. And get this: Now that she’s been officially fired, she’s suing.

In recent rulings, the Supreme Court clearly signaled its unwillingness to tolerate even the appearance of circumventing the nation’s anti-discrimination laws. Employers must have investigative procedures in place to help guide decision-making when an employee could be disciplined or terminated.

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Terminating an employee is never easy. But thanks to a recent California Court of Appeal decision, at least you don’t have to worry about wage statement violations—if you follow the common sense guidelines the court announced.

Texas state Rep. Mike Villarreal (D-San Antonio) has filed a bill that would prohibit Texas employers from discriminating against employees on the basis of sexual orientation, gender identity or gender expression.

Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) system. Under a PTO plan, how should we handle it when an employee resigns or is terminated?

The U.S. Supreme Court has held that an employee who was fired shortly after his fiancée filed a bias charge against their employer may sue for third-party retaliation under Title VII. According to the court, the employee could be considered an “aggrieved person” because he was “well within the zone of interests sought to be protected by Title VII.” What's the practical impact for employers?

Score one for common sense: People who want a job they see posted have to apply before they can sue for not getting it. A phone call to HR that was never returned can’t be grounds for a failure-to-hire lawsuit.

Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.