Almost every employer understands that they can’t discriminate against employees on the basis of race. But race discrimination protections also apply even when employers contract out their work. Contractors who believe they have suffered bias can sue under the Equal Protection Clause of the U.S. Constitution.
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
The health care reform law requires you to report the value of employees’ health benefits on their W-2 forms. The IRS waived mandatory reporting for 2011, pending future guidance. Now the guidance has been released. It requires employers filing 250 or more W-2s to report beginning with 2012 W-2s that are filed in 2013.
Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. For example, the National Labor Relations Board recently announced that a nonunionized employer will pay $900,000 to two fired employees to settle charges that it violated the NLRA. Here's a compliance primer.
Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.
There’s good news for Ohio employers worried about ADA compliance: The 6th Circuit Court of Appeals has refused to change the law on disability discrimination. A recent ruling upheld prior court decisions that said an employee can’t win a disability discrimination discharge lawsuit unless she can prove that her disability was the “sole” reason for the discharge.
Employees are expected to follow directions and treat their supervisors with respect. Employees who lose their tempers or refuse to follow legitimate directions are insubordinate. That means you can terminate them, a decision courts will rarely second-guess.